Chapter vi
Chapter i general provisions
In order to further expand external openness, actively promote foreign investment, protect the legitimate interests and interests of foreign investment, regulate the management of foreign investment, promote a new pattern of comprehensive openness and promote the healthy development of the socialist market economy, this act was adopted in accordance with the constitution。
Article ii. This law shall apply to foreign investment in the territory of the people's republic of china (hereinafter referred to as china)。
Foreign investment for the purposes of this law is an investment activity carried out in china, directly or indirectly, by a natural person, enterprise or other organization of a foreign state (hereinafter referred to as a foreign investor), including:
(i) foreign investors, individually or jointly with other investors, establish foreign investment enterprises in china
(ii) foreign investors acquire shares, shares, property shares or other similar interests in enterprises in china
(iii) foreign investors, individually or jointly with other investors, invest in new projects in china
(iv) investments by law, administrative regulation or other means specified by the state council。
Foreign investment enterprises, as defined in this law, are those enterprises that are wholly or partly invested by foreign investors and are registered in china in accordance with chinese law。
Thirdly, the state adheres to the basic state policy of openness to the outside world and encourages foreign investors to invest legally in china。
The state pursues a high level of investment liberalization facilitation policy, establishing and improving foreign investment promotion mechanisms and creating a stable, transparent, predictable and level playing field market environment。
Article iv. National foreign investment systems for pre-entry national treatment and negative list management。
Pre-admission national treatment, referred to in the preceding paragraph, refers to the treatment accorded to foreign investors and their investments at the investment entry stage no less favourable than that accorded to domestic investors and their investments; and the negative list refers to the special regulatory measures on access imposed by the state for foreign investment in specific areas. States accord national treatment to foreign investment outside the negative list。
Negative lists are issued by or with the approval of the state council。
International treaties and agreements concluded by or to which the people's republic of china is a party have more favourable provisions on the access of foreign investors and may be implemented in accordance with the relevant provisions。
Article 5. The state protects by law foreign investors ' investments, earnings and other legitimate interests in china。
Article vi. Foreign investors and foreign investment enterprises investing in china shall abide by chinese laws and regulations and shall not endanger china's national security or the public interest。
Article 7. The business, investment and investment authorities of the state council carry out the promotion, protection and management of foreign investment in accordance with the division of responsibilities; other relevant departments of the state council, within their respective areas of responsibility, are responsible for the promotion, protection and management of foreign investment。
The relevant departments of local people's governments at the district level and above carry out the promotion, protection and management of foreign investment in accordance with the laws and regulations and the division of responsibilities established by their respective people's governments。
Article 8. Workers in foreign investment enterprises shall, in accordance with the law, establish trade union organizations, carry out trade union activities and defend the legitimate rights and interests of workers. Foreign investment enterprises should provide the necessary conditions for the activities of their trade unions。
Chapter ii investment promotion
Article 9 foreign investment enterprises apply state policies in support of enterprise development equally under the law。
Article x. The enactment of laws, regulations and regulations relating to foreign investment should take appropriate steps to seek the views and suggestions of foreign investment enterprises。
Normative documents, adjudicatory documents, etc. Relating to foreign investment should be published in a timely manner in accordance with the law。
Article 11 - the state establishes a system of sound foreign investment services to provide advice and services to foreign investors and foreign investment enterprises in the areas of legislation, policy measures, investment project information, etc。
Article 12 establishment of multilateral and bilateral investment promotion cooperation mechanisms between states and other countries and international organizations to enhance international exchange and cooperation in the area of investment。
Article 13 the state establishes special economic regions, as required, or implements experimental foreign investment policy measures in parts of the country to promote foreign investment and expand external openness。
Article 14 the state encourages and leads foreign investors to invest in specific industries, areas and regions in accordance with the needs of national economic and social development. Foreign investors and foreign investors may benefit from preferential treatment in accordance with laws, administrative regulations or state council regulations。
Article 15: the state guarantees the equal participation of foreign investment enterprises in standard-setting under the law and strengthens the public and social oversight of standard-setting。
The mandatory standards set by the state apply equally to foreign investment enterprises。
Article 16 the state guarantees foreign investment enterprises participation in government procurement activities through fair competition in accordance with the law. Government procurement of products and services produced in china by enterprises investing abroad according to law is treated equally。
Foreign investment enterprises may, by law, finance by publicly issuing securities such as shares, corporate bonds and other means。
Article 18 local people's governments above the county level may develop foreign investment promotion and facilitation policy measures within their statutory competence, in accordance with laws, administrative regulations and local regulations。
Article 19 - people's governments at all levels and their departments should simplify procedures, improve efficiency, optimize political services and further improve the level of foreign investment services, in accordance with the principles of convenience, efficiency and transparency。
Relevant authorities should prepare and publish foreign investment guides to provide services and facilities to foreign investors and foreign investors。
Chapter iii investment protection
Article 20 the state does not levy on foreign investors。
In exceptional circumstances, the state may, in the public interest, impose an expropriation or expropriation of foreign investors ' investments in accordance with the law. Expropriation and expropriation shall be carried out in accordance with the procedure established by law and shall provide fair and reasonable compensation in a timely manner。
Article 21 foreign investors in china may freely transfer into or out of china, in accordance with the law, in the rmb or foreign currency, funds, profits, capital gains, proceeds from the disposition of assets, royalties from intellectual property rights, legal compensation or compensation, liquidation proceeds, etc。
Article 22: the state protects the intellectual property rights of foreign investors and foreign investment enterprises, protects the legitimate rights and interests of intellectual property rights holders and related rights holders, and imposes strict legal liability for infringement of intellectual property rights。
Technical cooperation based on voluntary principles and business rules in foreign investment processes is encouraged. The conditions for technical cooperation are determined by equitable consultation among the investors. The executive branch and its staff shall not use administrative means to enforce the transfer of technology。
Article 23 the executive branch and its staff shall keep confidential the business secrets of foreign investors and foreign investment enterprises known to them in the course of their duties and shall not disclose them or make them available to others unlawfully。
Article 24: the people's governments and their relevant departments shall make normative documents concerning foreign investment in accordance with the provisions of the laws and regulations; they shall not derogate from the legitimate rights and interests of foreign investment enterprises or increase their obligations without the basis of laws and administrative regulations; they shall not establish market access and exit conditions; and they shall not interfere in the normal production and operation of foreign investment enterprises。
Article 25 local people's governments at all levels and their relevant departments shall fulfil the policy commitments made by law to foreign investors, foreign investment enterprises and the types of contracts established by law。
Where the national interest, the public interest requires a change in policy commitments, contractual agreements, shall be made in accordance with legal authority and procedures, and shall, in accordance with the law, compensate foreign investors and foreign investors for the resulting losses。
Article 26 the state establishes a mechanism to work with foreign investment enterprises to deal in a timely manner with the concerns of foreign investment enterprises or their investors and to coordinate and improve related policy measures。
A foreign investment enterprise or its investors may apply for a coordinated settlement through the foreign investment enterprise complaints mechanism if they consider that the administrative actions of the administration and its staff violate their legitimate interests。
A foreign investment enterprise or its investors may apply for administrative review and initiate administrative proceedings in accordance with the law, in addition to applying for a coordinated settlement through the foreign investment enterprise complaints mechanism in accordance with the preceding paragraph, if they consider that the administrative actions of the administration and its staff violate their legitimate rights and interests。
Foreign investment enterprises may, by law, establish and voluntarily join chambers of commerce and associations. Chambers of commerce and associations carry out their activities in accordance with the provisions of the laws and regulations in order to safeguard the legitimate rights and interests of their members。
Chapter iv investment management
Article 28 the negative list of foreign investment access provides for the prohibition of investment in areas where foreign investors may not invest。
The negative list of foreign investment access provides for areas where investment is restricted, and foreign investors should invest under the conditions of the negative list。
Areas outside the negative list of foreign investment access are regulated in accordance with consistent principles of domestic and foreign investment。
Article 29 foreign investment shall be carried out in accordance with the relevant provisions of the state, if it requires the approval and filing of an investment project。
Article 30 foreign investors who invest in industries and areas where licensing is legally required shall follow the procedures for licensing。
The competent authorities shall examine applications for permits from foreign investors, except as otherwise provided by law or administrative regulations, in accordance with conditions and procedures consistent with the internal resources。
Article 31 guidelines for the organization, organization and activities of foreign investment enterprises apply the provisions of the companies law of the people's republic of china and the partnership law of the people's republic of china。
Article 32. Foreign investment enterprises shall carry out their productive activities in compliance with the laws and administrative regulations on labour protection and social insurance, in accordance with the laws, administrative regulations and the relevant provisions of the state, and subject to monitoring and inspection by the competent authorities in accordance with the law。
Article 33 foreign investors who buy or buy enterprises in china or otherwise participate in the concentration of operators shall be subject to centralized scrutiny by the operators in accordance with the provisions of the antimonopoly law of the people's republic of china。
Article 34. States shall establish a system for reporting foreign investment information. Foreign investors or foreign investors should send investment information to business authorities through the business registry system and the business credit information disclosure system。
The content and scope of foreign investment information reports are determined on the basis of principles that are necessary; investment information available through sector information sharing is no longer required。
Article 35 the state shall establish a foreign investment security audit system for foreign investment that affects or may affect national security。
The final decision on security clearance is taken in accordance with the law。
