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Foreign Investment Law

Time:2019-04-01 11:06:40|Classification:Chinese legal documents|Clicks:

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Foreign Investment Law of the People's Republic of China


(Adopted at the 2nd session of the 13th National People's Congress on March 15, 2019) 

目 录

Table of Contents

第一章 总则

Chapter I General Provisions

第二章 投资促进

Chapter II Investment Promotion

第三章 投资保护

Chapter III Investment Protection

第四章 投资管理

Chapter IV Investment Management

第五章 法律责任

Chapter V Legal Liability

第六章 附 则

Chapter VI Supplementary Provisions


第一章 总则

Chapter I General Provisions

第一条 为了进一步扩大对外开放,积极促进外商投资,保护外商投资合法权益,规范外商投资管理,推动形成全面开放新格局,促进社会主义市场经济健康发展,根据宪法,制定本法。

Article 1 In order to further expand opening up, actively promote foreign investment, protect the legitimate rights and interests of foreign investment, standardize foreign investment management, facilitate the formation of a comprehensive and new opening-up pattern, and promote the healthy development of the socialist market economy, this Law is enacted in accordance with the Constitution.

第二条 在中华人民共和国境内(以下简称中国境内)的外商投资,适用本法。

Article 2 This Law applies to foreign investment in the territory of the People's Republic of China (hereinafter referred to as “within the territory of China”).


Foreign investment mentioned in this Law refers to the investment activities of foreign natural persons, enterprises or other organizations (hereinafter referred to as foreign investors) directly or indirectly within the territory of China, including the following:


(1) Foreign investors set up foreign-invested enterprises in China alone or jointly with other investors;


(2) Foreign investors obtain shares, equities, property shares or other similar rights and interests of enterprises within the territory of China;


(3) Foreign investors investing in new projects in China alone or jointly with other investors;


(4) Other investment prescribed by laws, administrative regulations or specified by the State Council.



Foreign-invested enterprises mentioned in this Law refer to enterprises that are wholly or partly invested by foreign investors and registered within the territory of China under the Chinese laws.

第三条 国家坚持对外开放的基本国策,鼓励外国投资者依法在中国境内投资。

Article 3 The State adheres to the basic State policy of opening to the outside world and encouraging foreign investors to invest within the territory of China.


The State maintains a policy of high-level investment liberalization and facilitation, establishes and improves a mechanism for foreign investment promotion, and creates a stable, transparent, predictable and fair market environment.

第四条 国家对外商投资实行准入前国民待遇加负面清单管理制度。

Article 4 The State maintains a system of pre-entry national treatment plus a negative list management for foreign investment.


The pre-entry national treatment mentioned in the preceding paragraph refers to the treatment given to foreign investors and their investment at the stage of investment admission no less than that to domestic investors and their investments; the so-called negative list refers to the special management measures that are adopted for the admission of foreign investment in specific areas. The State gives national treatment to foreign investment outside the negative list.


The negative list is issued or approved by the State Council.


Where international treaties or agreements concluded or acceded to by the People's Republic of China provide for more preferential treatments for the admission of foreign investment, the relevant provisions may be applied.

第五条 国家依法保护外国投资者在中国境内的投资、收益和其他合法权益。

Article 5 The State protects the investment, income and other legitimate rights and interests of foreign investors in China in accordance with the law.

第六条 在中国境内进行投资活动的外国投资者、外商投资企业,应当遵守中国法律法规,不得危害中国国家安全、损害社会公共利益。

Article 6 Foreign investors and foreign-invested enterprises that conduct investment activities within China shall abide by Chinese laws and regulations and shall not endanger China's national security and harm the public interest.

第七条 国务院商务主管部门、投资主管部门按照职责分工,开展外商投资促进、保护和管理工作;国务院其他有关部门在各自职责范围内,负责外商投资促进、保护和管理的相关工作。

Article 7 The competent departments ofthe State Council responsible for commerce and investment shall, in accordance with the division of responsibilities, carry out the promotion, protection and management of foreign investment; other relevant departments of the State Council shall, within their respective responsibilities, be responsible for the affairs related to the promotion, protection and management of foreign investment.


The relevant departments of the local people's governments at or above the county level shall, in accordance with laws and regulations and the division of responsibilities determined by the people's government at the same level, carry out the work relating to the promotion, protection and management of foreign investment.

第八条 外商投资企业职工依法建立工会组织,开展工会活动,维护职工的合法权益。外商投资企业应当为本企业工会提供必要的活动条件。

Article 8 Employees of foreign-invested enterprises may, in accordance with law, establish trade union organizations, carry out trade union activities, and safeguard their legitimate rights and interests. Foreign-invested enterprises shall provide necessary conditions for the trade unions thereof.


第二章 投资促进

Chapter II Investment Promotion

第九条 外商投资企业依法平等适用国家支持企业发展的各项政策。

Article 9 Foreign-invested enterprises may, in accordance with the law, equally enjoy the State policies concerning the support of enterprise development.

第十条 制定与外商投资有关的法律、法规、规章,应当采取适当方式征求外商投资企业的意见和建议。

Article 10 Before the formulation of laws, regulations and rules related to foreign investment, appropriate measures shall be taken to solicit opinions and suggestions from foreign-invested enterprises.


Normative and adjudicative documents related to foreign investment shall, according to law, be made public in a timely manner.

第十一条 国家建立健全外商投资服务体系,为外国投资者和外商投资企业提供法律法规、政策措施、投资项目信息等方面的咨询和服务。

Article 11 The State establishes and improves a system serving foreign investment to provide consultation and services to foreign investors and foreign-invested enterprises on laws and regulations, policy measures, and investment project information.

第十二条 国家与其他国家和地区、国际组织建立多边、双边投资促进合作机制,加强投资领域的国际交流与合作。

Article 12 The State establishes multilateral and bilateral investment promotion cooperation mechanisms with other countries and regions and international organizations, and strengthens international exchanges and cooperation in the field of investment.

第十三条 国家根据需要,设立特殊经济区域,或者在部分地区实行外商投资试验性政策措施,促进外商投资,扩大对外开放。

Article 13 The State may establish special economic zones where needed, or adopt experimental policies and measures for foreign investment in selected regions with a view to promoting foreign investment and expanding opening-up.

第十四条 国家根据国民经济和社会发展需要,鼓励和引导外国投资者在特定行业、领域、地区投资。外国投资者、外商投资企业可以依照法律、行政法规或者国务院的规定享受优惠待遇。

Article 14 The State may, in accordance with the needs of national economic and social development, encourage and guide foreign investors to invest in specific industries, sectors and regions. Foreign investors and foreign-invested enterprises may enjoy preferential treatment in accordance with laws, administrative regulations or the provisions of the State Council.



Classification:Chinese legal documents

Title:Foreign Investment Law


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