To implement the decision of the Third Plenary Session of the 18th CPC Central Committee and the spirit of the State Council for reducing administrative examination and approval, and streamlining administration and delegating power to the lower level, define the dominant position of enterprises in foreign investment, and promote the facilitation level of overseas investment, the Ministry of Commerce, on the basis of the suggestions from all circles, released the newly revised Measures for Foreign Investment Management (No. 3, 2014, hereinafter referred to as the Measures) on September 6, in order to further define the dominant position of the enterprises in foreign investment and promote the facilitation of overseas investment.

The Measures includes 39 articles in five chapters, covering general principles, filling and examining and approval, standards and services, legal liability and supplementary articles. The main features of the Measures are as follows: Firstly, the management mode of taking filling as the main measure, examining and approval as the supports is established. According to the Measures, Chinese enterprises investing in sensitive countries and regions and in sensitive fields should be examined and approved; otherwise, all should only be filed. Secondly, the coverage and time limit for examining and approval is reduced. The Measures cancels the stipulation for examining and approving overseas investment above designated volume, and shorten the time limit to five work days. Thirdly, the requirements and procedures for filling are clarified. The enterprises who file filling forms honestly and completely could obtain the filling in three work days. Fourthly, the filling for local enterprises is in the charge of provincial commercial departments, in order to facilitate the enterprises to do business locally. According to the Measures, the provincial commercial departments should take charge of the filling management of local enterprises investing overseas and starting business overseas, and the certificates for enterprises to invest overseas could be printed and issued by themselves. Fifthly, the government should provide public service and strengthen guidance and regulation for enterprises. According to the Measures, the government will not only continue to provide service to enterprises, but also strengthen guidance and regulation for enterprises to invest overseas.

After the implementation of the Measures, the Ministry of Commerce and provincial commercial departments should manage the overseas investment better according to the stipulations of the Measures.

(All information published on this website is authentic in Chinese. English is provided for reference only.)