The successive adjustments of market-for-technology exchange

1985-1991: the first adjustment and full-scale development

1. Strengthening management and focusing on the introduction of export-oriented, productive and import-substituting projects

The Ministry of Foreign Trade and Economic Cooperation (MOFTEC), the State Economic Commission (SEC) and the State Planning Commission (SPC) considered that the main reasons for the problems in the early stage of the implementation of the "market for technology" were "lack of a unified national plan for the utilization of foreign capital since 1979; fragmentation of management; failure to solve problems in a timely manner; decentralization of approval authority, The State Planning Commission and other departments believe that the main reason for the use of foreign capital since 1979, "the lack of a unified national planning, decentralized management, the government out of many departments, the problem can not be resolved in a timely manner; after the decentralization of the authority to approve the lack of industry guidance, information does not work, there are some unnecessary duplication of the construction of the situation". 1986 rectification of the direction proposed is: "to be in the market for technology" implementation of the initial problems. In 1986, the direction of rectification was: "Under the overall planning of the country, we should rationalize the investment of capital, focus on the introduction of the country's urgent need for advanced technology, and vigorously develop foreign exchange projects".

In order to stop the duplication of the introduction and construction, the implementation of the "market for technology", "to produce the top into the" refers to the approval of the relevant state economic and trade departments, the current domestic is not yet able to process and produce, need to be purchased outside of the commodities, can be authorized to purchase in the territory of the three enterprises to replace imports, this way of trade. This mode of trade is called "topping up imports with production". The relevant ministries and commissions have proposed two solutions to this policy: firstly, to strengthen the management, unify the plan, put forward the scale and direction of absorbing foreign investment in the annual and medium and long term, and carry out project demonstration; secondly, to correctly guide the investment of capital, use the tax and import/export management policy, and focus the focus of absorbing FDI on the introduction of the advanced technology that the country urgently needs for the productive projects, the projects of exporting foreign exchange earning type and the projects of importing substitution type. Up. Restrictions on the introduction of advanced technology in the country, production capacity has exceeded the needs of the domestic market, and the products can not be exported in whole or in large part of the project; prohibit the organization of purely the introduction of assembly lines, the import of loose parts assembled and sold domestically to earn domestic and foreign price differentials in the project; by the State Planning Commission, the State Economic Commission, in conjunction with the Ministry of Economy and Trade and the competent departments of the industry to study the formulation of the directory of encouraging, restricting and prohibiting the organization of the project. It can be seen that the "market for technology" policy for the first time to adjust the direction is to strengthen the management of the introduction of projects, focusing on the introduction of the country's urgent need for export-oriented, productive projects with advanced technology and import substitution projects.

2. "Market-for-technology exchange" has been carried out comprehensively from the central government to the local governments

After the direction of adjustment was determined, the central government strengthened the policy of "market-for-technology exchange" by formulating regulations and policies, and convening meetings, etc. At the same time, the local governments also introduced relevant policies to open up the market for technology exchange. At the same time, local governments have also introduced relevant policies to open up the market to introduce technology, "market for technology" from the central government to the local government began to fully carry out.

The development of the central policy level mainly started from the two aspects of legislation and policy making. On the legislative side, the policy of "exchanging market for technology" was written into laws and regulations such as the Law on Foreign-funded Enterprises, which stipulated in April 1986 that "the establishment of a foreign-funded enterprise must be conducive to the development of China's national economy and must use advanced technology and equipment, or export all or most of its products." This provision can be seen as an implicit expression of "market for technology"; in 1990, the newly revised Sino-Foreign Joint Venture Law explicitly exempted joint ventures from nationalization and expropriation, and the foreign party could serve as chairman of the board of directors, and joint ventures could be set for a specified period of time, or no period of time at all, and "the market for technology" could be exempted. The policy space of "market for technology" has been further expanded. In terms of policy, the policy of "market for technology" was intensively written into the policy documents of utilizing foreign investment; in July 1986, the state proposed to encourage foreign investment by combining "market for technology" and "production for advancement", "market for technology" and "production for advancement". In July 1986, the State proposed to encourage foreign investment by combining "market for technology" and "production for import", "resolutely implementing the policy of market for technology, implementing import substitution measures, and encouraging foreign investors to provide advanced technology. Products that need to be imported domestically, where foreign-invested enterprises have been mass-produced, the performance and quality of which basically reach the level of similar products abroad, and where the price and delivery period are adapted to the needs, the domestic government must give priority to adopting them and use them to top up the importation of the products, and the State Economic Commission will successively publish catalogs of products, and take administrative and economic measures to prohibit or restrict the importation of the products". On October 11, the State Council issued the "State Council's Provisions on Encouraging Foreign Investment", which was of great significance in guiding, and explicitly gave two types of production-oriented foreign-invested enterprises (product exporting enterprises and advanced technology enterprises) a number of special preferences in foreign exchange, taxation, autonomy, and expanding the proportion of domestic sales, etc. In October 1987, in order to further utilize the "Topping up the importation of advanced technology with production" method In October 1987, in order to encourage foreign investment in advanced technology enterprises, the State Planning Commission announced the "State Planning Commission on Sino-foreign joint ventures, co-operative enterprises to produce top into the approach", where in line with the "really domestic needs of technologically advanced technology-based joint ventures, co-operative enterprises of the product, the initial stage of production, in the realization of the process of localization, the balance of foreign exchange to the emergence of temporary difficulties "this condition, can apply for" to produce top into the". But at the same time must be clear joint ventures, cooperative enterprises, the proportion of domestic and foreign sales of products, as well as the progress of localization, to limit the provision of advanced technology, purely imported bulk assembly, products for domestic sales only project. The method also lists the catalog of commodities that can be implemented "topping up with production", mainly 12 kinds of steel, pig iron, copper, etc., so that the policies of "market for technology" and "topping up with production" are more operative. The policy is more maneuverable.

And "market for technology" policy in the local development, mainly local governments in accordance with the "State Council on the encouragement of foreign investment in the spirit of the provisions of the implementation of the provisions of the 1986 promulgation of the provisions of the State Council, the rapid introduction of supporting preferential policies around the country, set off a climax of the use of foreign capital. Beijing, Liaoning, Guangzhou and Anhui Province, etc. have introduced preferential policies, such as Anhui Province, "foreign-invested enterprises to produce domestic products to be imported, in the performance, quality and price of the same basic circumstances, approved by the relevant departments, can expand the proportion of domestic sales until the entire domestic sales, and can be partially or fully settled in foreign currency". Several Provisions of the People's Government of Anhui Province on Encouraging Foreign Investment, November 24, 1986 With the further decentralization of the authority to approve the introduction of foreign investment in 1988, localities competed to introduce preferential policies, some even at any cost. In view of this, at the end of 1990, the central government, while affirming the absorption of foreign investment as a long-term policy for economic development, proposed to "strictly implement the laws, regulations and policy measures promulgated by the state to encourage foreign investment, and to stop the practice of announcing preferential measures in disguise in violation of the state's regulations" and to "further improve the investment environment, and in accordance with the industrial policy, to introduce preferential measures in accordance with the industrial policy". Further improve the investment environment, guide foreign investment in accordance with industrial policies, organize more export-oriented and technologically advanced projects, and pay attention to combining the absorption of foreign investment with the acceleration of technological transformation of enterprises", and improve and strengthen the planning and guidance for the utilization of foreign investment. 1992~1996: The second adjustment and high-speed advancement and in-depth development

1. The second adjustment: strengthening industrial guidance and attracting projects with high technological level and large investment scale

In the early stage of reform and opening up, one of the features of the introduction of FDI and advanced technology was regional tilting (focusing on the Special Economic Zones (SEZs) and the coastal open cities), and the direction of the second adjustment was industrial tilting. Eliminate the blindness of the introduction of foreign capital, to guide foreign investment in energy, transportation, raw materials industry, infrastructure and other long-term investment in large projects, the means is industrial policy guidance.

March 1992, "the State Council Leading Group on Foreign Investment, the sixteenth meeting minutes" pointed out that "at present, we must continue to strive to improve the investment environment, improve and perfect the various foreign-related laws and regulations; to further strengthen the direction of foreign investment guide, continue to encourage foreigners to set up new and high-tech enterprises, export enterprises and encourage foreigners to invest in energy, transportation, While continuing to encourage foreigners to set up high-tech enterprises and encourage foreigners to invest in energy, transportation and raw materials, we should adopt the policy of exchanging market for technology to attract large foreign enterprises to set up projects with high technological level and large scale of investment in China, so as to improve the overall level of China's utilization of foreign investment; we should gradually expand the fields of absorbing foreign investment, and study the issue of how to promote the development of tertiary industry through the introduction of foreign investment." And clearly put forward, "how to adopt the market for technology approach to attract foreign large enterprises to invest in China, led by the State Planning Commission of the relevant departments to study and put forward programs." This shows that the focus of "market for technology" has changed greatly, and requires attracting large foreign enterprises to China to set up projects with high technology level and large investment scale, in order to improve the level of utilization of foreign capital.

In November 1993, the Third Plenary Session of the 14th Central Committee of the People's Republic of China (PRC) proposed to "improve the investment environment and management methods, expand the scale of importation, broaden the fields of investment, and further open up the domestic market. Create conditions for the application of national treatment to foreign-invested enterprises and improve the management of foreign-invested enterprises in accordance with the law. Guide foreign investment to focus on infrastructure, basic industries, high-tech industries and the technological transformation of old enterprises, and encourage the establishment of export-oriented enterprises. Give full play to China's comparative advantages in resources and markets, attract foreign capital and technology, and promote economic development". The introduction of foreign capital, technology, human resources and management experience can be achieved by further opening up the domestic market, in essence, is also the implementation of the "market for technology" policy, but also emphasizes the direction of foreign investment in industrial guidance.

In order to ensure that the "market for technology" to attract high technology level, large-scale investment projects, in 1994 and 1995, the State has issued the "Outline of the National Industrial Policy in the 1990s", "Interim Provisions for Guiding the Direction of Foreign Investment" and "Catalogue of Guidance for Foreign-invested Industries", so as to make the guidance of industrial policy more specific. The Outline of National Industrial Policy for the 1990s The Outline of National Industrial Policy for the 1990s pointed out in Article 3, "Actively revitalizing the pillar industries", that: "In accordance with international practice and the provisions of the relevant agreements, some of the products of the pillar industries shall be treated as infant industrial products, and shall be appropriately protected for a limited period of time; at the same time, in order to exchange for the key technologies and equipments, a part of the domestic market shall be conditionally allowed to be opened up. At the same time, in exchange for key technologies and equipment, it is allowed to open part of the domestic market conditionally". The decision-making authorities combine the "market for technology" with the protection of infant industries, and open up the market conditionally for the development of pillar industries. The Interim Provisions for Guiding the Direction of Foreign Investment and the Catalogue for the Guidance of Foreign-Invested Industries, on the other hand, classify foreign-invested projects into four categories: encouraged, permitted, restricted and prohibited, each of which is refined to achieve the purpose of supporting the growth of domestic industries and stopping the introduction of low-level duplication.

2. High speed and in-depth development of "market for technology" policy

By the above policy and the influence of Deng Xiaoping's "Southern Speech" in 1992, the "market for technology" policy was promoted during the period of 1992~1997. The "market for technology" was implemented while adjusting, and its remarkable feature was its rapid advancement and in-depth development, which was mainly manifested in three aspects: firstly, the utilization of foreign investment projects and the amount of foreign investment increased exponentially. 48,764 foreign direct investment projects were approved in 1992, which exceeded the total number of foreign direct investment projects (42,505,000 projects) approved in the period from 1979 to 1991. In 1992, China approved 48,764 FDI projects, exceeding the total number of FDI projects approved during the period from 1979 to 1991 (42,503), and the amount of contractual utilization of FDI also exceeded the total amount of the previous 13 years. By 1997, China had approved more than 240,000 foreign investment projects, with an agreed amount of more than 416 billion US dollars, and the actual utilization of foreign investment was more than 151 billion US dollars. The second is the significant broadening of investment areas. Although foreign direct investment (FDI) is spread over the primary, secondary and tertiary industries, light industry in the secondary industry was the majority before 1992. The government of foreign investment in the field of encouragement, restriction, prohibition of several different policies, in the actual implementation of the more stringent, many restrictive projects are actually in a state of prohibition. 1992, the Chinese government relaxed the restrictions on the field of investment in the past as a forbidden area of commerce, foreign trade, finance, insurance, aviation, lawyers, accountants and so on, has been allowed to open a pilot investment, the past restriction on the investment of land development, Real estate, hotels, restaurants, information consulting and other tertiary industries have been gradually liberalized and expanded foreign investment. Thirdly, the opening up of the domestic market has been accelerated, and the ratio of domestic sales has been further relaxed. In the past, the domestic sales control of foreign-invested enterprises was very strict, many foreign investors want to invest in large-scale production projects, over the years has been unable to negotiate, the main reason is stuck in the domestic sales. Market access issues are also very prominent. The new policy emphasizes the market for technology, high-tech projects to open up the domestic market, allowing some projects to domestic sales, or even 100% domestic sales. Of course, this opening is conditional, mainly the following types of projects: (1) high-tech projects, the introduction of advanced science and technology, can fill the gaps in many new industries and capital, technology-intensive projects; (2) can replace the imported projects, most of which belong to the basic raw materials industry; (3) large-scale productive projects and heavy chemical industry.

3.1997-2000: Continuing to move forward in reflection

From the end of 1996 onwards, the voices questioning and reflecting on the feasibility and effectiveness of the policy of "exchanging market for technology" became stronger and stronger, and its "realistic background is the impact of the entry of large multinational corporations on the local market, and the impact of foreign enterprises on the local market". The real background is the entry of large multinational corporations on the local market impact, the monopoly of foreign-funded enterprises on the local enterprises constitute the market 'extrusion', resulting in the loss of the basic conditions for the realization of the effect of the introduction of technology". At that time, the domestic market of many industries was occupied by foreign enterprises; as of 1998, Motorola, Ericsson, and NEC had more than 90% of the market share in the cell phone and pager markets, and 60% in the tire market, and a similar situation occurred in the beverage, laundry, cosmetics, and machinery markets, while technologically it was still very dependent on foreign countries. This dependence is manifested in both state-owned enterprises, private enterprises on the large number of imports of key technologies and equipment, but also for foreign-funded enterprises on the strong dependence of the home country's R & D resources, the former reflecting the technology spillover effect of foreign direct investment is very limited, the latter reflecting the foreign-funded enterprises on the transfer of advanced technology, strict control, both of which indicate that the "market for technology

The former reflects the very limited technological spillover effect of foreign direct investment, and the latter reflects the strict control of foreign-funded enterprises on the transfer of advanced technology, both of which indicate that "market for technology" has failed to achieve the expected goal.

But despite the constant voices of skepticism, the central government's stance on promoting "market for technology" remains unchanged. in April 1998, the central government and the state council put forward a number of opinions on further opening up to the outside world and raising the level of utilization of foreign investment in a more proactive manner, which explicitly mentioned the implementation of the "market for technology" policy in two places. "market for technology". The first is that in the basic requirements for the proper utilization of foreign capital, it is proposed to "adhere to the policy of exchanging the market for technology, increase the introduction of high-tech industries and advanced and applicable technology, and promote the upgrading of industries". In the second part, in boldly introducing and actively guiding the investment of transnational corporations, it is proposed to "continue to implement the policy of exchanging market for technology, and further open up the domestic market. Through cooperation with multinational corporations, we will introduce advanced and applicable technologies, capital, management experience and marketing methods, and enter into their international production, sales and service networks." On January 9, 2000, the State Economic and Trade Commission (SETC) issued the Opinions on Accelerating the Implementation of Technological Innovation Projects and Forming a Technological Innovation System Centered on Enterprises to the local economic and trade systems, which stated that. "Where domestic enterprises have been able to manufacture equipment, encourage the use of domestic products; domestic can be partially manufactured equipment, can be manufactured part of the domestic products should also encourage the use of domestic products; the real need to import, the future and market demand for equipment, should take the market for technology, technology and trade combination of the way in the introduction of equipment at the same time as the introduction of technology, and according to the industry organization of the digestion, absorption and innovation, Localization". Considering that the opinion was formulated in accordance with the "Decision of the Central Government of the People's Republic of China on Several Major Issues Concerning the Reform and Development of State-Owned Enterprises" and the "Decision of the Central Government of the People's Republic of China and the State Council on Strengthening Technological Innovation, Developing High-Tech, and Realizing Industrialization", as well as the spirit of the National Conference of Economy and Trade, one can infer that, after entering the 21st century, China is still resolutely carrying out the implementation of the Therefore, it can be inferred that after entering the 21st century, China is still firmly implementing the policy of "exchanging market for technology" at the national level. After 2001: The Third Adjustment and Transition to Independent Innovation

At the beginning of the 21st century, due to the lack of core technology, rising costs of production factors, and intensified competition in domestic and foreign markets, the transformation of China's economic development mode became more and more urgent, and the policy of "exchanging market for technology" was increasingly challenged. local content" clause, export ratio requirements and the filing of production plans for foreign-invested enterprises. In particular, the amendment to the Law of the People's Republic of China on Foreign-Invested Enterprises, Article 3, "The establishment of a foreign-invested enterprise must be conducive to the development of China's national economy and must use advanced technology and equipment, or export all or most of its products" was amended to "The establishment of a foreign-invested enterprise must be be conducive to the development of China's national economy. The State encourages the establishment of foreign-funded enterprises whose products are exported or whose technology is advanced". These revisions mean that "market for technology" has lost its legal basis, and the original mandatory requirements have been changed into encouraging opinions or mutual agreements, which means that the government has lost the legal basis to require foreign-funded enterprises to enter the Chinese market on the premise of technology transfer and export of all or most of their products, and the requirement for foreign investors to transfer technology has become less and less negotiating room. The negotiation space for the transfer of technology is getting smaller and smaller. Some scholars even believe that accession to the WTO announced the end of the "market for technology" era.

In the background of the transition from "market for technology" to independent innovation, "market for technology" has gradually faded out from the national guiding policies of overall significance. After 2001, the mention of "market for technology" rarely appeared in the central documents, and only some industrial sectors and provinces still explicitly proposed to implement this policy, and the scope of implementation was greatly contracted. Therefore, the technological progress in this period presents the phenomenon of "dual-track parallelism", that is, independent innovation and "market for technology" coexist. On the one hand, under the policy of the State strongly advocating independent innovation, some industries tried to focus on independent innovation; on the other hand, some industries still practiced "market-for-technology exchange" or took "market-for-technology exchange" as the starting point of independent innovation. For example, on June 24, 2009, the State Council Audit Report on the Implementation of the Central Budget and Other Financial Income and Expenditures for the Year 2008 concluded that, "in terms of enterprise operation and development, the relevant policies and measures for guiding and supporting enterprises to enhance their core competitiveness need to be further improved. Taking the automobile industry as an example, most of the domestic automobile production enterprises have adopted the way of 'exchanging market for technology' and joint ventures and cooperation with foreign companies."