Implementing Regulations of the Foreign Investment Law of the People's Republic of China
Implementing Regulations of the Foreign Investment Law of the People's Republic of China
Implementing Regulations of the Foreign Investment Law of the People's Republic of China
Order of the State Council of the People's Republic of China No. 723
December 26, 2019
The Implementing Regulations of the Foreign Investment Law of the People's Republic of China, which were adopted at the 74th executive meeting of the State Council on December 12, 2019, are hereby issued and shall come into effect as of January 1, 2020.
Li Keqiang, Premier
Implementing Regulations of the Foreign Investment Law of the People's Republic of China
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Foreign Investment Law of the People's Republic of China (hereinafter referred to as the "Foreign Investment Law").
Article 2 The State shall encourage and promote foreign investment, protect the legitimate rights and interests in foreign investment, regulate the management of foreign investment, continuously optimize the environment for foreign investment, and promote the opening up to a higher level.
Article 3 Other investors provided for in Item 1 and Item 3, Paragraph 2, Article 2 of the Foreign Investment Law shall include Chinese natural persons.
Article 4 The foreign investment access negative list (hereinafter referred to as the "negative list") shall be proposed by the competent department of investment under the State Council in collaboration with relevant departments including the competent department of commerce under the State Council, and reported to the State Council for promulgation or promulgated by the competent department of investment and the competent department of commerce under the State Council after being reported to the State Council for approval.
The State shall, in light of the needs for further expansion of opening up and economic and social development, adjust the negative list where appropriate. The procedures for adjusting the negative list shall be subject to the preceding paragraph.
Article 5 The competent department of commerce, the competent department of investment and other relevant departments under the State Council shall, in light of the division of duties, closely cooperate with each other and work together to jointly and effectively carry out the work for promotion, protection and management of foreign investment.
Local people's governments at or above the county level shall, in terms of promotion, protection and management of foreign investment, strengthen the organizational leadership, support, supervise and urge relevant departments to carry out the work therefor in accordance with laws and regulations and in light of the division of duties, and address major issues arising therein through timely coordination.
Chapter II Investment Promotion
Article 6 Governments and relevant departments thereunder shall treat foreign-invested enterprises and domestic-funded enterprises equally in accordance with the law in terms of government funding arrangement, land supply, tax and fee cuts, qualification licensing, standards setting, project application and human resource policies, etc.
Governments and relevant departments thereunder shall legally make public policies formulated thereby on supporting the development of enterprises, and in terms of matters in the implementation of policies that are required to be handled upon application by enterprises, make public the conditions, procedures and time limits, etc., for the handling thereof upon application, and in accordance with the law, treat foreign-invested enterprises and domestic-funded enterprises equally in the review.
Article 7 Governments and relevant departments thereunder shall, when formulating foreign investment-related administrative regulations, rules and normative documents, or drafting foreign investment-related laws and local statutes, in light of the actualities, adopt such forms as seeking comments in written form, convening symposiums, argumentation meetings and hearings to seek the comments and suggestions of foreign-invested enterprises and relevant chambers of commerce as well as associations, etc.; and with respect to comments and suggestions reflected in a relatively concentrated manner or those involving issues concerning the major rights and obligations of foreign-invested enterprises, give feedback on the adoption thereof by appropriate means.
Foreign investment-related normative documents shall be legally promulgated in a timely manner, and none of those not yet promulgated may be used as the basis for administrative management. In terms of each normative document closely concerning the production and operation activities of foreign-invested enterprises, the period of time between promulgation and implementation thereof shall be reasonably determined in light of the actualities.
Article 8 People's governments at all levels shall, as per the principles of government leadership and participation of multiple parties, establish a sound service system for foreign investment and keep improving the service capacity and level for foreign investment.
Article 9 Governments and relevant departments thereunder shall, via government websites and the national integrated online government affairs service platform, specify foreign investment-related laws, regulations, rules, normative documents, policy measures and investment project information in a centralized manner, strengthen the publicity and interpretation thereof through various channels and modes, and provide such services as consultation and guidance for foreign investors and foreign-invested enterprises.
Article 10 A special economic region as provided for in Article 13 of the Foreign Investment Law refers to the specific region that is established upon the approval of the State and implements the opening-up policy measures to a greater extent.
Experimental policy measures for foreign investment implemented by the State in some regions that have been proven to be feasible upon being trialed shall be promoted in other regions or nationwide in light of the actualities.
Article 11 The State shall, in light of the need for national economic and social development, develop a catalog of industries encouraged to carry out foreign investment, and set out specific industries, fields and regions in which foreign investors are encouraged and guided to invest, which shall be drawn up by the competent department of investment under the State Council in collaboration with other relevant departments including the competent department of commerce under the State Council, and promulgated by the competent department of investment and the competent department of commerce under the State Council after being reported to the State Council for approval.
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Order of the State Council of the People's Republic of China No. 723
December 26, 2019
The Implementing Regulations of the Foreign Investment Law of the People's Republic of China, which were adopted at the 74th executive meeting of the State Council on December 12, 2019, are hereby issued and shall come into effect as of January 1, 2020.
Li Keqiang, Premier
Implementing Regulations of the Foreign Investment Law of the People's Republic of China
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Foreign Investment Law of the People's Republic of China (hereinafter referred to as the "Foreign Investment Law").
Article 2 The State shall encourage and promote foreign investment, protect the legitimate rights and interests in foreign investment, regulate the management of foreign investment, continuously optimize the environment for foreign investment, and promote the opening up to a higher level.
Article 3 Other investors provided for in Item 1 and Item 3, Paragraph 2, Article 2 of the Foreign Investment Law shall include Chinese natural persons.
Article 4 The foreign investment access negative list (hereinafter referred to as the "negative list") shall be proposed by the competent department of investment under the State Council in collaboration with relevant departments including the competent department of commerce under the State Council, and reported to the State Council for promulgation or promulgated by the competent department of investment and the competent department of commerce under the State Council after being reported to the State Council for approval.
The State shall, in light of the needs for further expansion of opening up and economic and social development, adjust the negative list where appropriate. The procedures for adjusting the negative list shall be subject to the preceding paragraph.
Article 5 The competent department of commerce, the competent department of investment and other relevant departments under the State Council shall, in light of the division of duties, closely cooperate with each other and work together to jointly and effectively carry out the work for promotion, protection and management of foreign investment.
Local people's governments at or above the county level shall, in terms of promotion, protection and management of foreign investment, strengthen the organizational leadership, support, supervise and urge relevant departments to carry out the work therefor in accordance with laws and regulations and in light of the division of duties, and address major issues arising therein through timely coordination.
Chapter II Investment Promotion
Article 6 Governments and relevant departments thereunder shall treat foreign-invested enterprises and domestic-funded enterprises equally in accordance with the law in terms of government funding arrangement, land supply, tax and fee cuts, qualification licensing, standards setting, project application and human resource policies, etc.
Governments and relevant departments thereunder shall legally make public policies formulated thereby on supporting the development of enterprises, and in terms of matters in the implementation of policies that are required to be handled upon application by enterprises, make public the conditions, procedures and time limits, etc., for the handling thereof upon application, and in accordance with the law, treat foreign-invested enterprises and domestic-funded enterprises equally in the review.
Article 7 Governments and relevant departments thereunder shall, when formulating foreign investment-related administrative regulations, rules and normative documents, or drafting foreign investment-related laws and local statutes, in light of the actualities, adopt such forms as seeking comments in written form, convening symposiums, argumentation meetings and hearings to seek the comments and suggestions of foreign-invested enterprises and relevant chambers of commerce as well as associations, etc.; and with respect to comments and suggestions reflected in a relatively concentrated manner or those involving issues concerning the major rights and obligations of foreign-invested enterprises, give feedback on the adoption thereof by appropriate means.
Foreign investment-related normative documents shall be legally promulgated in a timely manner, and none of those not yet promulgated may be used as the basis for administrative management. In terms of each normative document closely concerning the production and operation activities of foreign-invested enterprises, the period of time between promulgation and implementation thereof shall be reasonably determined in light of the actualities.
Article 8 People's governments at all levels shall, as per the principles of government leadership and participation of multiple parties, establish a sound service system for foreign investment and keep improving the service capacity and level for foreign investment.
Article 9 Governments and relevant departments thereunder shall, via government websites and the national integrated online government affairs service platform, specify foreign investment-related laws, regulations, rules, normative documents, policy measures and investment project information in a centralized manner, strengthen the publicity and interpretation thereof through various channels and modes, and provide such services as consultation and guidance for foreign investors and foreign-invested enterprises.
Article 10 A special economic region as provided for in Article 13 of the Foreign Investment Law refers to the specific region that is established upon the approval of the State and implements the opening-up policy measures to a greater extent.
Experimental policy measures for foreign investment implemented by the State in some regions that have been proven to be feasible upon being trialed shall be promoted in other regions or nationwide in light of the actualities.
Article 11 The State shall, in light of the need for national economic and social development, develop a catalog of industries encouraged to carry out foreign investment, and set out specific industries, fields and regions in which foreign investors are encouraged and guided to invest, which shall be drawn up by the competent department of investment under the State Council in collaboration with other relevant departments including the competent department of commerce under the State Council, and promulgated by the competent department of investment and the competent department of commerce under the State Council after being reported to the State Council for approval.
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