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Foreign Investment Law of China


(Adopted at the 2nd Session of the Thirteenth National People's Congress of the People's Republic of China on March 15, 2019)

The Foreign Investment Law of the People's Republic of China, as adopted at the 2nd Session of the Thirteenth National People's Congress of the People's Republic of China on March 15, 2019, is hereby issued, and shall come into force on January 1, 2020.

Xi Jinping, President of the People's Republic of China

March 15, 2019

 

Table of Contents

Chapter I General Provisions

Chapter II Investment Promotion

Chapter III Investment Protection

Chapter IV Investment Administration

Chapter V Legal Liability

Chapter VI Supplemental Provisions

Chapter I General Provisions

 

Article 1 For the purposes of further expanding the country's opening up, vigorously boosting foreign investment, protecting the lawful rights and interests of foreign investors, regulating the administration of foreign investment, propelling the formation of a new pattern of extensively opening up, and promoting the sound development of the socialist market economy, this Law is enacted in accordance with the Constitution.

Article 2 Foreign investment in the territory of the People's Republic of China (hereinafter referred to as “within China”) shall be governed by this Law.

For the purposes of this Law, “foreign investment” means the investing activities within China directly or indirectly conducted by foreign natural persons, enterprises, and other organizations (hereinafter referred to as “foreign investors”), including the following circumstances:

(1) A foreign investor forms a foreign-funded enterprise within China alone or jointly with any other investor.

 (2) A foreign investor acquires any shares, equities, portion of property, or other similar interest in an enterprise within China.

 (3) A foreign investor invests in any new construction project within China alone or jointly with any other investor.

(4) Investment in any other manner as specified by a law or administrative regulation or the State Council.

For the purposes of this Law, “foreign-funded enterprise” means an enterprise formed and registered within China under the laws of China in which all or part of investment is made by a foreign investor.

Article 3 The state is adamantly committed to the fundamental national policy of opening up, and encourages foreign investors to invest within China according to the law.

Article 11 The state establishes and improves a foreign investment service system to provide foreign investors and foreign-funded enterprises with consultation and services in respect of laws and regulations, policies and measures, and investment project information, among others.

Article 12 The state establishes multilateral and bilateral cooperative mechanisms for investment promotion with other countries and regions and international organizations to enhance international exchange and cooperation in the investment field.

Article 13 As needed, the state establishes special economic zones or implements pilot policies and measures for foreign investment in particular regions to promote foreign investment and expand the country's opening up.


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