毒毛旋花Law of PRC on Foreign Enterprise 外商投资法(英文)

2021年1月19日发(作者：vere)


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LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON
FOREIGN-CAPITAL ENTER- PRISES

Important Notice:

This English document is coming from

PEOPLE'S
REPUBLIC
OF
CHINA
GOVERNING
FOREIGN-RELATED
MATTERS
State, Council of the People's Republic of China, and is published by the China Legal
System Publishing House. In case of discrepancy, the original version in Chinese shall
prevail.

Whole Document


LAW
OF
THE
PEOPLE'S
REPUBLIC
OF
CHINA
ON
FOREIGN-CAPITAL
ENTERPRISES

(Adopted at the Fourth Session of the Sixth National People's Congress, promulgated
by Order No. 39 of the President of the People's Republic of China and effective as of
April 12, 1986)


Article 1

With a view to expanding economic cooperation and technical exchange with foreign
countries and promoting the development of China's national
economy, the People's
Republic of China permits foreign enterprises, other foreign economic organizations
and individuals
(hereinafter collectively
referred to
as

set
up
enterprises with foreign capital in China and protects the lawful rights and interests of
such enterprises.

Article 2

As mentioned in this Law,
established
in
China
by
foreign
investors,
exclusively
with
their
own
capital,
in
accordance with relevant Chinese laws. The term does not include branches set up in
China by foreign enterprises and other foreign economic organizations.

Article 3

Enterprises with foreign capital shall be established in such a manner as to help the
development
of
China's
national
economy;
they
shall
use
advanced
technology
and
equipment or market all or most of their products outside China. Provisions shall be
made
by
the
State
Council
regarding
the
lines
of
business
which
the
state
forbids
enterprises with foreign capital to engage in or on which it places certain restrictions.

Article 4

The investments of a foreign investor in China, the profits it earns and its other lawful


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rights
and
interests
are
protected
by
Chinese
law.
Enterprises
with
foreign
capital
must
abide
by
Chinese
laws
and
regulations
and
must
not
engage
in
any
activities
detrimental to China's public interest.

Article 5

The state shall not nationalize or requisition any enterprise with foreign capital. Under
special circumstances, when public interest requires, enterprises with foreign capital
may
be
requisitioned
by
legal
procedures
and
appropriate
compensation
shall
be
made.

Article 6

The application to establish an enterprise with foreign capital shall be submitted for
examination
and
approval
to
the
department
under
the
State
Council
which
is
in
charge of foreign economic relations and trade, or to another agency authorized by the
State Council. The authorities in charge of examination and approval shall, within 90
days
from
the
date
they
receive
such
application,
decide
whether
or
not
to
grant
approval.

Article 7

After
an
application
for
the
establishment
of
an
enterprise
with
foreign
capital
has
been approved, the foreign investor shall, within 30 days from the date of receiving a
certificate of approval, apply to the industry and commerce administration authorities
for registration and obtain a business licence. The date of issue of the business licence
shall be the date of the establishment of the enterprise.

Article 8

An enterprise with foreign capital which meets the conditions for being considered a
legal person under Chinese law shall acquire the status of a Chinese legal person, in
accordance with the law.

Article 9

An enterprise with foreign capital shall make investments in China within the period
approved by the authorities in charge of examination and approval. If it fails to do so,
the industry and commerce administration authorities may cancel its business licence.
The industry and commerce administration authorities shall inspect and supervise the
investment situation of an enterprise with foreign capital.

Article 10

In the event of a separation, merger or other major change, an enterprise with foreign
capital shall report to and seek approval from the authorities in charge of examination
and approval, and register the change with the industry and commerce administration
authorities.

Article 11