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Guidance of Foreign Investment Provisions
Time: 2010-07-09 Click: 15836

The People’s Republic of China State Council 
No. 346 
Are published "Guidance of Foreign Investment Provisions", since April 1, 2002 shall come into force. 
Premier Zhu Rongji 
February 11, 2002 
  
Guidance of Foreign Investment Provisions 
In order to guide foreign investment in the first direction so that the direction of foreign investment and China’s national economic and social development to adapt and contribute to protect the legitimate rights and interests of investors, according to state law on foreign investment and industrial policies, the enactment of this provision. 
These rules shall apply to investments held in China in the Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign enterprises (hereinafter referred to as foreign invested enterprises) projects and other forms of foreign investment projects (hereinafter referred to as foreign investment projects). 
The third "Catalogue for the Guidance of Foreign Investment Industries" and "Midwest Catalogue of Priority Industries for Foreign Investment" by the State Development Planning Commission, Ministry of Foreign Trade and Economic Cooperation jointly with relevant departments of the State Council enacted after the approval announcement; based on the actual case, Xu Yao on the "Catalogue for the Guidance of Foreign Investment Industries" and "Midwest Industrial Directory of foreign investment advantages" to Bufen adjustment, the You Economic and Trade Commission, State Development Planning Commission, Ministry of Foreign Trade and Economic Cooperation jointly with State Department Youguanbumen timely amendment and announced. 
"Catalogue for the Guidance of Foreign Investment Industries" and "Midwest Catalogue of Priority Industries for Foreign Investment" is the guide approved foreign investment projects and foreign-invested enterprises apply the policies. 
Article foreign investment projects into encouraged, permitted, restricted and prohibited ones. 
Encouraged, restricted and prohibited foreign investment projects included in the "Catalogue for the Guidance of Foreign Investment Industries." Not encouraged, restricted and prohibited foreign investment projects, to allow foreign investment projects. Permitted foreign investment projects not included in the "Catalogue for the Guidance of Foreign Investment Industries." 
Article one of the following circumstances, as to encourage foreign investment projects: 
(A) of new agriculture technologies, agriculture comprehensive development, energy, transportation, important raw materials industries; 
(B) are high-tech, advanced applicable technologies that can improve product performance, and improving economic efficiency or the production technology of insufficient domestic production capacity of new equipment, new materials; 
(C) to meet market demand, to improve the product level, develop new markets or increase the international competitiveness; 
(D) is new technology, new equipment can save energy and raw material, comprehensively utilize resources and renewable resources, and prevent environmental pollution; 
(E) can play a central and western regions of the human and resource advantages, and in line with national industrial policy; 
(F) laws, administrative regulations and other circumstances. 
Article one of the following circumstances, as restricted foreign investment projects: 
(A) technology lagged behind; 
(B) is not conducive to saving resources and improving the ecological environment; 
(C) in the State applies protective exploitation of specific mineral exploration and mining; 
(D) the gradual opening up of state industries; 
(E) the legal, administrative regulations and other circumstances. 
Article one of the following circumstances, as prohibited foreign investment projects: 
(A) endanger national security or damage social and public interests; 
(B) pollution to the environment, damaging natural resources or harming human health; 
(C) occupying too much farmland is not conducive to the protection, development of land resources; 
(D) endanger the safety of military facilities and the use of performance; 
(E) using the particular techniques or technologies to produce products; 
(F) laws, administrative regulations and other circumstances. 
Article VIII, "Foreign Investment Industrial Guidance Catalogue" provisions of foreign investment projects can be "limited to joint ventures", "China Holdings" or "China is relatively controlled." 
Joint ventures only, is only allowed joint ventures, Sino-foreign joint ventures; China Holdings, is the Chinese investors in foreign investment projects in the investment ratio shall be 51% or more; China’s relative control refers to the Chinese investors foreign investment projects in the investment ratio is greater than either the proportion of foreign investors. 
Article encourage foreign investment projects, except in accordance with relevant laws, administrative rules and regulations, enjoy preferential treatment Wai, engaged in investment was large, long payback period of energy, transportation, municipal infrastructure (coal, oil, gas, electricity, railways, roads , ports, airports, urban roads, sewage treatment, garbage disposal, etc.) build, operate, and upon approval, can expand their relevant business scope. 
Article export all products to allow direct foreign investment projects, as encouraged foreign investment projects; export sales of its products for more than 70% of the total sales of restricted foreign investment projects, by provinces, autonomous regions, municipalities and cities People’s Government or the State Department approval, can be considered to allow foreign investment projects. 
Article can play a central and western regions to ensure superiority of permitted and restricted projects with foreign investment may be eased conditions; which included "Midwest Industrial Catalogue for Foreign Investment" and can enjoy preferential foreign investment projects encouraged policy. 
Article XII examination and approval authority under the existing foreign investment projects in accordance with the nature of the project by the departments of development planning and economic and trade department approval, for the record; foreign investment enterprise contract and articles of association approved by the foreign trade and economy, for the record. Which restricted foreign investment projects below the limit of provinces, autonomous regions, municipalities and cities of the appropriate government authorities for approval, also reported higher authorities and industry department for the record, the power of approval of such projects shall not be delegated. Progressive liberalization of trade in services in the field are foreign investment projects, in accordance with relevant rules approved. 
Involving quotas and licenses of foreign invested projects, prior to the departments for quotas and licenses. 
Laws and administrative regulations on foreign investment project approval procedures and methods otherwise provided, in accordance with its provisions. 
Violation of the provisions of Article XIII approved foreign investment projects, the higher authority shall record the receipt of the project documents within 30 working days from the date of repeal, of its contract, statute invalid, enterprise registration shall not register, Customs shall not handle the import and export formalities. 
Article XIV of the applicant foreign investment projects in order to deceive other improper means to cheat the project approval, according to the seriousness of the circumstances, shall be investigated for legal responsibility; examination and approval authorities shall revoke the approval of the project by the competent authority according to the treatment accordingly. 
Article XV examination and approval authorities abusing their power, dereliction of duty, in accordance with criminal law on the crime of abuse of power, dereliction of duty requirements, shall be investigated for criminal responsibility; serious enough for criminal punishment, shall be given administrative sanctions of more than demerits. 
Article XVI overseas Chinese and Hong Kong SAR, Macao SAR and Taiwan investors hold investments, cf the provisions. 
The provisions of Article XVII from April 1, 2002 shall come into force. June 7, 1995 the State Council approved June 20, 1995 the State Planning Commission, Ministry of Foreign Trade and Economic Cooperation issued the "Interim Provisions on Guiding Foreign Investment" shall be annulled 
  
Above is only for reference, please check the relevant departments use the official text released

 
 
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