The investment activities mentioned in the preceding paragraph mainly include but are not limited to the following situations:
(a) to obtain overseas land ownership, use rights and other rights;
(two) to obtain the rights and interests of overseas natural resources exploration and development concessions;
(three) to obtain the rights and interests of overseas infrastructure ownership, management and management;
(four) to obtain the rights and interests of overseas enterprises or the ownership and management rights of assets;
(5) Newly added or expanded overseas fixed assets;
(6) Establishing new overseas enterprises or increasing investment in existing overseas enterprises;
(7) Newly established or participating in overseas equity investment funds.
(8) Controlling overseas enterprises or assets through agreements, trusts, etc.
The enterprises mentioned in these Measures include all kinds of non-financial enterprises and financial enterprises.
The term "control" as mentioned in these Measures refers to directly or indirectly owning more than half of the voting rights of the enterprise, or being able to control the management, finance, personnel, technology and other important matters of the enterprise although it does not own more than half of the voting rights. Article 3 Investors shall enjoy the autonomy of overseas investment according to law, make their own decisions and bear their own risks. Article 4 When making overseas investments, investors shall go through the formalities of approval and filing of overseas investment projects (hereinafter referred to as projects), report relevant information, and cooperate with supervision and inspection. Article 5 Investors conducting overseas investment shall not violate the laws and regulations of China, and shall not threaten or damage China's national interests and national security. Article 6 The National Development and Reform Commission (hereinafter referred to as "the National Development and Reform Commission") shall, within the scope of its functions and duties stipulated by the State Council, perform the duties of the competent department of overseas investment, and provide macro guidance, comprehensive services and full supervision for overseas investment according to the needs of safeguarding China's national interests and national security. Article 7 The National Development and Reform Commission shall establish an overseas investment management and service network system (hereinafter referred to as the "network system"). Investors can go through the examination and approval and filing procedures and report relevant information through the network system; Matters involving state secrets or inappropriate use of the network system, investors can use paper materials to submit separately. The Network System Operation Guide was issued by the National Development and Reform Commission. Chapter II Guidance and Services for Overseas Investment Article 8 Investors may consult the National Development and Reform Commission for policies and information, reflect the situation and problems, and put forward opinions and suggestions on overseas investment. Article 9 The National Development and Reform Commission shall, within the scope of duties stipulated by the State Council and according to the needs of national economic and social development, work with relevant departments to formulate and improve special plans and industrial policies in related fields, so as to provide macro guidance for investors to make overseas investments. Article 10 The National Development and Reform Commission shall, within the scope of duties stipulated by the State Council, strengthen the analysis of the international investment situation together with relevant departments, release relevant data and information on overseas investment, and provide information services for investors. Article 11 The National Development and Reform Commission shall, within the scope of duties stipulated by the State Council, participate in the formulation of international investment rules together with relevant departments, establish and improve investment cooperation mechanisms, strengthen policy exchanges and coordination, and urge relevant countries and regions to provide a fair environment for China enterprises to invest. Article 12 The National Development and Reform Commission shall, within the scope of duties stipulated by the State Council, promote the safety protection system and capacity building of overseas interests, guide investors to guard against and respond to major risks, and safeguard the legitimate rights and interests of Chinese enterprises. Chapter III Approval and Filing of Overseas Investment Projects Section 1 Scope of Approval and Filing Article 13 The scope of approval management refers to sensitive projects implemented by investors directly or through overseas enterprises under their control. The examination and approval authority is the National Development and Reform Commission.
The sensitive items mentioned in these Measures include:
(1) Projects involving sensitive countries and regions;
(2) Projects involving sensitive industries.
Sensitive countries and regions mentioned in these Measures include:
(1) Countries and regions that have not established diplomatic relations with China;
(2) Countries and regions where wars and civil strife have occurred;
(3) Countries and regions that need to restrict enterprises' investment in China according to international treaties and agreements concluded or acceded to by China;
(4) Other sensitive countries and regions.
The sensitive industries mentioned in these Measures include:
(1) Development, production and maintenance of weapons and equipment;
(2) Development and utilization of transboundary water resources;
(3) news media;
(four) according to Chinese laws and regulations and relevant regulatory policies, it is necessary to restrict the overseas investment of enterprises.
The Catalogue of Sensitive Industries was issued by the National Development and Reform Commission.