Provisions for Guiding the Foreign Investment Direction
Provisions for Guiding the Foreign Investment Direction
Provisions for Guiding the Foreign Investment Direction
Order of the State Council No.346
February 11, 2002
The Provisions for Guiding the Foreign Investment Direction are hereby promulgated and shall come into force on April 1, 2002.
Premier: Zhu Rongji
Attachment: Provisions for Guiding the Foreign Investment Direction
Article 1 In order to guide the foreign investment direction, keep the foreign investment direction in line with the national economy and social development planning of China, and protect the lawful rights and interests of investors, these Provisions are formulated according to the provisions of the laws on foreign investment and the requirements of industrial policies of the State.
Article 2 These Provisions shall be applicable to the projects of investment and establishment of Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises (hereinafter referred to as enterprises with foreign investment), and projects with foreign investment in other forms (hereinafter referred to as projects with foreign investment) within the territory of China.
Article 3 The Guidance Catalog of Industries with Foreign Investment and the Catalog of Dominant Industries with Foreign Investment of the Mid-west Region shall be formulated by the State Development Planning Commission, the State Economic and Trade Commission, the Ministry of Foreign Trade and Economic Cooperation jointly with other relevant departments under the State Council, and shall be promulgated upon the approval of the State Council; where it is necessary to partially adjust the Guidance Catalog of Industries with Foreign Investment and the Catalog of Dominant Industries with Foreign Investment of the Mid-west Region in light of the actual circumstance, the State Economic and Trade Commission, the State Development Planning Commission, the Ministry of Foreign Trade and Economic Cooperation jointly with the relevant departments under the State Council shall make the revision and promulgation in due time.
The Guidance Catalog of Industries with Foreign Investment and the Catalog of Dominant Industries with Foreign Investment of the Mid-west Region shall be the basis of the application of relevant policies in directing, examining and approving projects with foreign investment and enterprises with foreign investment.
Article 4 Projects with foreign investment fall into 4 categories, namely encouraged, permitted, restricted and prohibited ones.
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