Q:
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After the implementation of the Foreign Investment Law, what policies are implemented for foreign investment?
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A:
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China now implements the pre-admission national treatment plus negative list management system for foreign investment. The pre-admission national treatment refers to the treatment given to foreign investors and their investment no lower than domestic investors and their investment in the investment access stage; negative list refers to the special access management measures for foreign investment in specific fields stipulated by the state. The State shall give national treatment to foreign investment beyond the negative list.
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Q:
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How to implement the negative list?
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A:
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If foreign investors or foreign-invested enterprises invest in fields other than the negative list, they shall be registered according to the principle of consistency between domestic and foreign capital. Foreign investors or foreign-invested enterprises investing in the areas with restrictive provisions on the proportion of investment and on the nationality of the legal representative (main person in charge) in the negative list of foreign investors or foreign-invested enterprises shall be registered in accordance with the law if they meet the requirements of the specific management measures for admittance; if the relevant business activities related to enterprises have been approved by the competent industry department before registration, the registration authority does not need to further review on the compliance with the requirements of the special management measures. If a foreign investor or foreign trade enterprise invests in an area prohibited by the negative list, it shall not be registered.
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Q:
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What are the types of enterprises with foreign investment?
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A:
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Foreign invested enterprises can be registered as "limited liability company", "company limited by share" and "partnership enterprise".
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Q:
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Can the registered capital of foreign-invested enterprises be expressed in currencies other than RMB?
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A:
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The registered capital (amount of contribution) of foreign-invested enterprises can be expressed in RMB or in other freely convertible foreign currencies.
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Q:
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After the implementation of the Foreign Investment Law, how to regulate the original foreign invested non-legal entities?
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A:
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Foreign invested non-legal entities established in accordance with the Detailed Rules for the Implementation of Sino-foreign Cooperative Enterprises of the People's Republic of China or the Detailed Rules for the Implementation of Foreign Invested Enterprises the Law of the People's Republic of China, may continue to retain the original organizational form of enterprises or apply for restructuring into partnership enterprises within five years after the implementation of Foreign Investment Law. If an application is made for restructuring into a partnership enterprise, it shall apply with the registration authority for change registration in accordance with the establishment conditions stipulated in the Partnership Enterprise Law of the People's Republic of China, the Measures for Registration of Partnership Enterprises of the People's Republic of China, and submit relevant materials according to law.
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FAQ
