Circular of the Ministry of Commerce on Seeking Public Comments on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Public Comments on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Public Comments on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)
November 8, 2019
In order to put the decisions and arrangements of the Central Committee of the Communist Party of China (CPC) on expanding opening-up and promoting foreign investment into action, the Foreign Investment Law of the People's Republic of China (the "Foreign Investment Law") was adopted at the Second Session of the 13th National People's Congress by vote on March 15, 2019, effective on January 1, 2020.
According to the Foreign Investment Law, China establishes the foreign investment information reporting system, under which foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities. To secure smooth law convergence and better foreign investment management and provide foreign investors and foreign-invested enterprises with the convenience to perform their duties of information reporting, the Ministry of Commerce ("MOFCOM") drafted the Measures for Reporting of Information on Foreign Investment (Draft for Comment) (the "Draft for Comment").
The provisions on the reporting of information on foreign investment, as an important supporting measure, must be implemented in step with the Foreign Investment Law. For more voices from all walks of life, the Draft for Comment is hereby made public. The public may give comments by any of the following ways:
1. Logging on to the Legal Information Website of the Chinese Government (http://www.chinalaw.gov.cn) and accessing "Comments on Legislation " to submit comments.
2. Logging on to the website of the MOFCOM (http://www.mofcom.gov.cn), accessing "Comments Collection", and clicking "Circular of the Ministry of Commerce on Seeking Public Comments on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)" to submit comments.
3. By email to: xuyue@mofcom.gov.cn.
4. By fax to: 010-65197889.
5. In writing to: Foreign Investment Management Department of the MOFCOM, No.2 East Chang'an Street, Beijing, 100731.
Please mark "Public Comment on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)" in the email subject, on fax cover sheet or on the envelope.
The period for feedback will end on December 2, 2019.
Measures for Reporting of Information on Foreign Investment (Draft for Comment)
Chapter I General Provisions
Article 1 The Measures are hereby formulated in accordance with the Foreign Investment Law of the People's Republic of China and the Implementing Regulations of the Foreign Investment Law of the People's Republic of China with a view to further expanding opening-up and improving the level of foreign investment promotion, protection and management.
Article 2 Where foreign investors make investments in China directly or indirectly, such foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities in accordance with the Measures.
Article 3 For the purpose of the Measures, a foreign-invested enterprise refers to an enterprise that is wholly or partially invested by a foreign investor and registered and incorporated in China under the Chinese laws.
Article 4 The MOFCOM adopts a holistic approach towards and guides the nationwide work with respect to the reporting of information on foreign investment.
Competent commerce authorities of the people's governments at the county level or above, and relevant authorities of such special economic regions as pilot free trade zones and economic and technological development zones at the national level are responsible for the work concerning the reporting of information on foreign investment in their jurisdictions.
Article 5 Foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities through the Online Enterprise Registration System and the National Enterprise Credit Information Publicity System.
The competent commerce authorities, through the foreign investment information reporting system, receive and handle the investment information pushed by market regulators and information shared by departments.
Article 6 Foreign investors or foreign-invested enterprises shall submit authentic, accurate, complete and timely investment information that does not contain false records, misleading statements or major omissions.
Chapter II Reporting Entity, and Content and Way of Report
Article 7 The foreign investment information reports include the initial report, report of changes, report of deregistration, and annual report.
......
November 8, 2019
In order to put the decisions and arrangements of the Central Committee of the Communist Party of China (CPC) on expanding opening-up and promoting foreign investment into action, the Foreign Investment Law of the People's Republic of China (the "Foreign Investment Law") was adopted at the Second Session of the 13th National People's Congress by vote on March 15, 2019, effective on January 1, 2020.
According to the Foreign Investment Law, China establishes the foreign investment information reporting system, under which foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities. To secure smooth law convergence and better foreign investment management and provide foreign investors and foreign-invested enterprises with the convenience to perform their duties of information reporting, the Ministry of Commerce ("MOFCOM") drafted the Measures for Reporting of Information on Foreign Investment (Draft for Comment) (the "Draft for Comment").
The provisions on the reporting of information on foreign investment, as an important supporting measure, must be implemented in step with the Foreign Investment Law. For more voices from all walks of life, the Draft for Comment is hereby made public. The public may give comments by any of the following ways:
1. Logging on to the Legal Information Website of the Chinese Government (http://www.chinalaw.gov.cn) and accessing "Comments on Legislation " to submit comments.
2. Logging on to the website of the MOFCOM (http://www.mofcom.gov.cn), accessing "Comments Collection", and clicking "Circular of the Ministry of Commerce on Seeking Public Comments on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)" to submit comments.
3. By email to: xuyue@mofcom.gov.cn.
4. By fax to: 010-65197889.
5. In writing to: Foreign Investment Management Department of the MOFCOM, No.2 East Chang'an Street, Beijing, 100731.
Please mark "Public Comment on the Measures for Reporting of Information on Foreign Investment (Draft for Comment)" in the email subject, on fax cover sheet or on the envelope.
The period for feedback will end on December 2, 2019.
Measures for Reporting of Information on Foreign Investment (Draft for Comment)
Chapter I General Provisions
Article 1 The Measures are hereby formulated in accordance with the Foreign Investment Law of the People's Republic of China and the Implementing Regulations of the Foreign Investment Law of the People's Republic of China with a view to further expanding opening-up and improving the level of foreign investment promotion, protection and management.
Article 2 Where foreign investors make investments in China directly or indirectly, such foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities in accordance with the Measures.
Article 3 For the purpose of the Measures, a foreign-invested enterprise refers to an enterprise that is wholly or partially invested by a foreign investor and registered and incorporated in China under the Chinese laws.
Article 4 The MOFCOM adopts a holistic approach towards and guides the nationwide work with respect to the reporting of information on foreign investment.
Competent commerce authorities of the people's governments at the county level or above, and relevant authorities of such special economic regions as pilot free trade zones and economic and technological development zones at the national level are responsible for the work concerning the reporting of information on foreign investment in their jurisdictions.
Article 5 Foreign investors or foreign-invested enterprises shall submit their investment information to the competent commerce authorities through the Online Enterprise Registration System and the National Enterprise Credit Information Publicity System.
The competent commerce authorities, through the foreign investment information reporting system, receive and handle the investment information pushed by market regulators and information shared by departments.
Article 6 Foreign investors or foreign-invested enterprises shall submit authentic, accurate, complete and timely investment information that does not contain false records, misleading statements or major omissions.
Chapter II Reporting Entity, and Content and Way of Report
Article 7 The foreign investment information reports include the initial report, report of changes, report of deregistration, and annual report.
......