Regulations of People's Republic of China (PRC) Municipality on the Implementation of Foreign Investment Law

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Foreign Investment Law of People's Republic of China (PRC) (hereinafter referred to as the Foreign Investment Law). Article 2 The State encourages and promotes foreign investment, protects the legitimate rights and interests of foreign investment, regulates the management of foreign investment, continuously optimizes the foreign investment environment and improves the level of opening up. Article 3 The term "other investors" as mentioned in Item 1 and Item 3 of Paragraph 2 of Article 2 of the Foreign Investment Law includes natural persons in China. Article 4 The negative list of foreign investment access (hereinafter referred to as the negative list) shall be put forward by the competent investment department of the State Council in conjunction with the competent commerce department of the State Council and other relevant departments, and shall be published by the competent investment department of the State Council and the competent commerce department of the State Council after being published by the State Council or approved by the State Council.

According to the needs of further opening up and economic and social development, the state adjusts the negative list in a timely manner. The adjustment procedure of negative list shall be governed by the provisions of the preceding paragraph. Article 5 The competent department of commerce, the competent department of investment and other relevant departments in the State Council shall, in accordance with the division of responsibilities, cooperate closely to jointly promote, protect and manage foreign investment.

The local people's governments at or above the county level shall strengthen the organization and leadership over the promotion, protection and management of foreign investment, support and urge relevant departments to carry out the promotion, protection and management of foreign investment in accordance with laws, regulations and division of responsibilities, and coordinate and solve major problems in the promotion, protection and management of foreign investment in a timely manner. Chapter II Investment Promotion Article 6 The government and its relevant departments shall treat foreign-invested enterprises and domestic-funded enterprises equally according to law in terms of government funding arrangement, land supply, tax reduction and exemption, qualification licensing, standard formulation, project declaration and human resources policies.

Policies formulated by the government and its relevant departments to support enterprise development shall be made public according to law; For matters that need to be handled by enterprises in the implementation of policies, the government and its relevant departments shall disclose the conditions, procedures and time limits for applying for handling, and treat foreign-invested enterprises and domestic-funded enterprises equally according to law in the audit. Article 7 When the government and its relevant departments formulate administrative regulations, rules and normative documents related to foreign investment, or draft laws and local regulations related to foreign investment, they shall solicit opinions through written forms, symposiums, demonstration meetings and hearings according to actual conditions, and listen to the opinions and suggestions of foreign-invested enterprises and relevant chambers of commerce and associations; Opinions and suggestions reflecting the main rights and obligations of centralized or foreign-invested enterprises should be fed back through appropriate means.

Normative documents involving foreign investment shall be published in a timely manner according to law, and unpublished documents shall not be used as the basis for administrative management. Normative documents closely related to the production and operation activities of foreign-invested enterprises shall be reasonably determined in light of the actual situation. Article 8 People's governments at all levels shall establish and improve the service system for foreign investment in accordance with the principle of government-led and multi-party participation, and continuously improve the service capacity and level of foreign investment. Article 9 The government and its relevant departments shall list the laws, regulations, rules, normative documents, policy measures and investment project information of foreign investment through the government website and the national comprehensive online government service platform, strengthen publicity and explanation through various channels and ways, and provide consulting and guidance services for foreign investors and foreign-invested enterprises. Article 10 The term "special economic zone" as mentioned in Article 13 of the Foreign Investment Law refers to a specific area established with the approval of the state and implementing policies and measures of greater openness.

The pilot policies and measures of foreign investment implemented by the state in some areas have been proved feasible by practice and should be popularized in other areas or nationwide according to actual conditions. Article 11 The state shall, according to the needs of national economic and social development, formulate a catalogue of industries to encourage foreign investment, and list the specific industries, fields and regions to encourage and guide foreign investment. The catalogue of industries to encourage foreign investment shall be formulated by the competent investment department of the State Council in conjunction with the competent commerce department of the State Council and other relevant departments, and shall be published by the competent investment department of the State Council and the competent commerce department of the State Council after being approved by the State Council. Article 12 Foreign investors and enterprises with foreign investment may enjoy preferential treatment in finance, taxation, finance and land use in accordance with laws, administrative regulations or the provisions of the State Council.

Foreign investors use their investment income in China to expand their investment in China and enjoy corresponding preferential treatment according to law. Thirteenth foreign-invested enterprises should participate in the formulation and revision of national standards, industry standards, local standards and group standards on an equal footing with domestic enterprises according to law. Enterprises with foreign investment may formulate enterprise standards by themselves or jointly with other enterprises as needed.

Enterprises with foreign investment may put forward suggestions on formulating standards to the standardization administrative departments and relevant administrative departments, put forward opinions and suggestions in the process of standard formulation, drafting, technical review, information feedback and standard implementation evaluation, and undertake related work such as standard drafting, technical review and standard foreign language translation in accordance with regulations.

Standardization administrative departments and relevant administrative departments shall establish and improve relevant working mechanisms, improve the transparency of standard formulation and revision, and promote the information disclosure in the whole process of standard formulation and revision. Article 14 The mandatory standards formulated by the state are equally applicable to foreign-invested enterprises and domestic-funded enterprises, and the technical requirements higher than the mandatory standards shall not be specially applicable to foreign-invested enterprises.