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| Regulations of Examination and Approval of Investing in Enterprises Abroad |
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Article 1 For the purposes of promoting the development of investing abroad, these Regulations are formulated in accordance with Administrative Permission Law of the People's Republic of China, Decision of State Council on Establishing Administrative Permission for Administrative Examination and Approval Projects That Need To Be Retained.
Article 2 The state supports and encourages the enterprises with all kinds of ownership systems who have an advantage to invest in enterprises abroad.
Article 3 To invest in enterprises abroad means domestic enterprises to establish enterprises abroad or obtain proprietary rights or management rights of enterprises by newly establishment (single proprietorship, joint venture and cooperation), purchase, amalgamation, becoming a shareholder, fund registration, displacement of stock ownership.
Article 4 Ministry of Commerce examines and approves domestic enterprises to invest in enterprises abroad (excluding finance trade). Ministry of Commerce authorizes the competent commercial administrations under People's Governments in all provinces, autonomous regions and cities specifically designated in the state plan (hereinafter referred to as provincial competent commercial administrations) to examine or approve the enterprises except the enterprises under the Central Government to invest in enterprises in the countries listed in the Appendix.
Ministry of Commerce will adjust and publish the countries listed in Appendix timely in the light of conditions.
Article 5 Ministry of Commerce and provincial competent commercial administrations will examine and approve domestic enterprises's investment in enterprises abroad in following respects:
1. Investment environment of countries (regions);
2. Security situation of countries (regions);
3. Political and economic relationship between invested countries (regions) and our country;
4. Guiding policy of investment abroad;
5. Rational overall arrangement of countries (regions);
6. Duty of implementing related international agreements;
7. Safeguard legal rights and interests of the enterprises.
Domestic enterprises will take the responsibility on the economic and technical feasibilities of the investment in enterprises abroad.
Article 6 Following investments abroad of domestic enterprises are not approved:
Endanger national dominion, safety and social public interests. Contravene national laws, regulations and policies. May cause Chinese government contrary to the concluded international agreements. Be related to the techniques and goods that are prohibited to be exported. Political situation of host country is turmoil and have serious safety problems. Contravene laws, regulations or social custom of host countries or regions. Be engaged in transnational criminal activities.
Article 7 Approval Procedures
1. The enterprises under Central Government make applications directly to Ministry of Commerce. Other enterprises make applications to provincial competent commercial administrations.
2. Ministry of Commerce and provincial competent
commercial administration should inform the applicants about the materials they should add to the application in one time within 5 working days after receipt of the application, if the materials of the application are not complete or do not meet statutory form. Otherwise, it should handle the application after receipt of it. It should handle it if the materials of the application are complete and meet the statutory form or the applicants have added the materials in accordance with the requirements.
3. Provincial competent commercial administrations
should ask for the comments of divisions (offices) of Chinese economic and commercial counselors of Chinese embassies (consulates) abroad. The enterprises under the Central Government ask directly for the comments of the divisions (offices) of Chinese economic and commercial counselors abroad. The divisions (offices) of Chinese economic and commercial counselors abroad should make a reply within 5 working days as of receipt of the letter of asking for the comments.
4. Provincial competent commercial administration
should make a decision on whether the application is approved or not within 15 working days after receipt of it. If the application should be reported to Ministry of Commerce for examination and approval, provincial competent commercial administration should make preliminary examination within 5 working days as of receipt of it and report to Ministry of Commerce after approval of it.
5. Ministry of Commerce makes a decision on whether
the application is approved or not within 15 working days as of receipt of it.
6. Ministry of Commerce and provincial competent
Commercial administrations should issue a written approval decision to the applications that have been approved. Otherwise, an unapproved decision letter should be issued to those that are not approved.
Article 8 Application materials
1.The application materials submitted by the enterprises include:
1)The application letter (include the name, registered
capital, investment funds, business scope, business
term, organization style, stockownership structure of
established enterprises);
2).The Rules and related agreements or contracts of
the enterprises abroad;
3).The comments on the examination of foreign
exchange source issued by competent foreign
exchange departments (need to purchase foreign
exchange or remit foreign exchange from home),
the comments of the division (offices) of economic
and commercial counselors abroad (only to the
enterprises under the Central Government);
4) Business License of domestic enterprises and
certificate of qualification or required by laws and
regulations.
5).Other documents required by laws, regulations and
the decision of the State Council.
2. The materials provincial competent commercial
administrations submit to Ministry of Commerce
include:
1) Preliminary examination comments of this department;
2) Comments of the division (offices) of Chinese economic and commercial counselors abroad;
3) All application materials the enterprises submitted.
Article 9 If the applications of the enterprise under the Central Government is approved, Ministry of Commerce issues Approval Certificate of Investment Abroad of the People's Republic of China (hereinafter referred to as approval Certificate). Provincial competent commercial administrations issue Approval Certificate on behalf of Ministry of Commerce. Domestic enterprises go through related formalities of foreign exchange, bank, customs and foreign affairs by Approval Certificate.
Article 10 Domestic enterprises who have obtained the approval should submit related statistics materials in accordance with national regulations, take part in unified annual examination and comprehensive achievements judgments of investment abroad. The enterprises established with approval should report the registration documents to Ministry of Commerce for the record and report to the division (offices) of Chinese economic and commercial counselors abroad for registration after the registration in local area.
Article 11 If there is anything changes in Article 8 Item 1 of the said Regulations, it should be reported to the original approval organ to be examined and approved.
Article 12 Foreign invested enterprises should invest in enterprises in accordance with related laws and regulations. If foreign invested enterprises invest in enterprises abroad, it should be approved by competent commercial administrations above provincial level. Foreign invested enterprises approved by Ministry of Commerce invest in enterprises abroad should be examined and approved by Ministry of Commerce. Other foreign invested enterprises invest in enterprises abroad are examined and approved by provincial competent commercial administrations. Ministry of Commerce will distribute concrete requirements later.
Article 13 Ministry of Commerce will make out and distribute separately the measures on submitting report through electronic administrative affairs and issuing Approval Certificate.
Article 14 Competent commercial administrations in all levels must not authorize local competent administrative departments below the level of province to approve the application, add links, application materials and approval content.
Article 15 Inland enterprises invest in enterprises in Hong Kong or Macau Special Administrative Regions should be approved in accordance with related regulations.
Article 16 The measures contrary to the said Regulations should take these Regulations as criterion.
Article 17 The interpretation of the said Regulations shall be vested in Ministry of Commerce.
Article 18 The said Measures are implemented as of the promulgation.
Appendix: Country name list of being invested in enterprises abroad examined and approved by provincial competent commercial administrations with the authorization of Ministry of Commerce.
Country name list of being invested in enterprises abroad examined and approved by provincial competent commercial administrations with the authorization of Ministry of Commerce.
Asia(38):
Thailand
Kuwait
Sri Lanka
Maldives
Malaysia
Pakistan
Turkey
Mongolia
India
Nepal
Uzbekistan
Kyrgyz Stan
Armenia
Philippines
Kazakhstan
Korean
Turkmenistan
Vietnam
Laos
Tadzhikistan
United Arab Emirates
Azerbaijan
Indonesia
Omen
Israel
Saudi Arabia
Lebanon
Cambodia
Bangladesh
Syria
Yemen
Qatar
Bahrain
Iran
Brunei
Cyprus
Jordan
Burma
European(37):
Sweden
Germany
France
Belgium
Luxembourg
Finland
Malta
Norway
Italy
Denmark
Holland
Austria
England
Switzerland
Poland
Bulgaria
Hungary
Czech
Slovakia
Portugal
Spain
Greece
Russia
Ukraine
Moldova
Belarus
Albania
Croatia
Estonia
Slovenia
Lithuania
Iceland
Romania
Yugoslavia
Macedonia
Latvia
Africa(42):
Ghana
Egypt
Morocco
Mauritius
Zimbabwe
Zambia
Algeria
Gabon
Maryland
Libya
Angola
Cameroon
Nigeria
Sudan
Congo
South Africa
Cape Verde
Ethiopia
Botswana
Sierra Leone
Mozambique
Kenya
Djibouti
Benin
Uganda
Mauritania
Guinea
Guinea Bissau
Madagascar
Central Africa
Tanzania
Togo
Lesotho
Eritrea
Cape Verde
Equatorial Guinea
Seychelles
Comoros
Liberia
Niger
Tunis
America(14):
Canada
Mexico
Brazil
Bolivia
Argentina
Ecuador
Chile
Peru
Jamaica
Cuba
Barbados
Trinidad and Tobago
Guyana
Oceania(4):
Australia
New Zealand
Papua New Guinea
Fiji
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