Overseas investment refers to the behavior of enterprises incorporated in the People’s Republic of China according to law (hereinafter referred to as “enterprises”) to own overseas non-financial enterprises or acquire ownership, control right, operation and management right as well as other rights of existing overseas non-financial enterprises. Enterprises that launch overseas investment shall be self-deciding and self-financing.
The Ministry of Commerce and provincial competent departments of finance respectively apply registration and approval management according to different circumstances of overseas investment. Those involving sensitive countries or regions and sensitive industries shall accept approval management, while others will accept registration management.
Countries for which approval management is applied refer to those not establish diplomatic relations with the People’s Republic of China or under UN sanctions. The Ministry of Commerce may separately release the list of countries and regions implementing approval management where necessary.
Industries implementing approval management refer to those involving restricted export of products and technologies and affecting profits of over one country (region);
If two or more enterprises carry out overseas investment jointly, the relative large shareholder shall handle registration or application approval upon written agreement of other investors. If the shareholding ratio of each party is equal, one party shall handle registration or application approval through consultation. If investors are not in the same administrative region, the Ministry of Commerce or provincial competent department of commerce in charge of registration or approval shall inform registration or approval results to the local competent commerce department where the other investor locates.