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Government Documents
Government Documents
UPDATED: September 16, 2010 NO. 37 SEPTEMBER 16, 2010
Plan for the Division of Labor of Departments on Implementing Several Opinions of the State Council on Further Well Handling the Utilization of Foreign Investment
Promulgated by the General Office of the State Council on August 18, 2010
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Foreign-funded banks shall be encouraged and guided to establish agencies and operate business in the central and western area. (CBRC)

(XI) The east and the central and western area shall be encouraged to be market-oriented to jointly set up development zones by means of mandatory administration and investment cooperation in the principle of complementary advantages, industrial linkage and benefit sharing. (NDRC and MOFCOM)

III. Promote the Diversification of Foreign Investment Utilization

(XII) Foreign investment shall be encouraged in such forms as participation and M&A to participate in the reform and restructuring and merger and reorganization of domestic enterprises. A-share listed companies shall be supported to introduce strategic investors from home and abroad. And regulations shall be conducted for foreign investors to participate in securities investment and corporate M&A within China. [MOFCOM, China Securities Regulatory Commission (CSRC), NDRC and MIIT]

Antitrust scrutiny shall be executed by force of law. (MOFCOM, NDRC and SAIC taking responsibilities in accordance with the duties)

Foreign-capital M&A security review system shall be accelerated to be set up. (NDRC and MOFCOM)

(XIII) Overseas capital market shall be utilized to continuously bolster qualified enterprises to be listed overseas in accordance with the state development strategy and their own situations to make full use of two markets and two kinds of resources to constantly improve competitiveness. (CSRC, NDRC and MOFCOM)

(XIV) The pilot program on utilizing foreign investment to set up small and medium-sized enterprises bonding companies shall be sped up. (NDRC and MOFCOM)

Foreign investors shall be encouraged to establish venture investment enterprises, initiatives shall be taken to utilize private equity funds and the withdrawal mechanism shall be improved. (NDRC, MOFCOM, SAIC, CSRC and SAFE)

(XV) Qualified foreign investment enterprises shall be supported to conduct initial public offering and issue corporate bonds and medium-term notes to widen the financing channels to guide financial institutions to continuously intensify the credit support for foreign investment enterprises. Overseas subject engaging in issuing RMB bonds within China shall be steadily being expanded. [the People's Bank of China (PBOC), CSRC, CBRC, NDRC and MOFCOM]

IV. Deepen the Reform of the Foreign Investment Management System

(XVI) Encourage and permission projects with total investment (inclusive of increase of capital) as prescribed in the Catalogue for the Guidance of Foreign Investment Industries shall be verified and approved by relevant departments of local governments unless otherwise provided for by the Catalogue for the Investment Items Verified and Approved by Governments. (NDRC)

Relevant departments of the State Council may delegate the approval items in the charge of themselves to local governments under the premise of strengthening supervision and administration unless otherwise specified by laws and regulations, with the establishment of foreign investment enterprises in the service industry (exclusive of finance and telecommunication services) verified and approved by local governments according to relevant provisions. (MOFCOM and other departments)

(XVII) The contents of verification and approval shall be adjusted and approval procedures shall be simplified to narrow the scope of verification and approval to the largest extent to enhance the transparency of verification and approval. Verification and approval items involved in foreign investment shall be fully cleared to shorten the approval time. Approval procedures shall be improved to gradually carry out the format approval of contract and articles of association for foreign investment enterprises nationwide and strongly implement online administrative licensing to regulate administrative acts on the basis of trial and summing up experience. (MOFCOM and NDRC)

V. Create a Good Environment of Investment

(XVIII) Development zones shall be regulated and promoted to exert their role of carrier and platform in institutional innovation, scientific and technical leading, industrial agglomeration, land consolidation and other aspects. [NDRC, MLR, the Ministry of Housing Urban-Rural Development (MOHURD), MOST and MOFCOM]

Qualified provincial-level development zones shall be supported to upgrade and qualified national-level development zones to expand and adjust the locations. (with MOFCOM and MOST taking the lead according to duties and MLR, MOHURD and NDRC participating)

Qualified provincial-level development zones shall be supported to expand and adjust locations. (NDRC, MLR, MOHURD, MOST and MOFCOM)

Supporting policies and measures shall be prepared to speed up the construction of border economic cooperation zones. (MOFCOM, MOF, MLR and MOHURD)

(XIX) Foreign exchange management of foreign investment enterprises shall be further improved and the procedures of settlement of foreign exchange capital for foreign investment enterprises shall be simplified. (SAFE)

Foreign investment enterprises operating business by law but failing to make contribution on time temporarily for lack of capital shall be allowed to prolong the deadline of contribution. (SAIC and MOFCOM)

(XX) Investment promotion shall be stepped up and strength of recommendation and introduction of absorbing foreign investment from key countries and regions and industries shall be enhanced to extensively publicize Chinese policies for foreign investment utilization. Initiatives shall be taken to participate in multilateral investment cooperation to combine "absorb foreign investment" and "go abroad" to boost the cross-border investment policy environment to be constantly improved. (MOFCOM and NDRC)

Source: www.fdi.gov.cn

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