China: Deregulation of the Foreign Direct Investment Regulatory Regime

Changes would reduce costs and improve certainty and efficiency for many foreign-invested enterprises in China, and potentially spur further FDI.

Amendment -

On September 3, 2016, the National People’s Congress (NPC) adopted a Decision to amend the Wholly Foreign-owned Enterprise Law, the Chinese-foreign Equity Joint Venture Law, the Chinese-foreign Cooperative Venture Law and the Law on the Protection of Investment by Taiwanese Compatriots, replacing the current foreign direct investment (FDI) approval regime for a wide range of business sectors with a much simplified filing regime (Amendment). On the same day, the Ministry of Commerce issued a draft Interim Measures on the Filing of Establishment and Related Changes of Foreign Invested Enterprises (FIE Filing Measures), and invited comment submissions on the draft by September 22, 2016, after which the measures will be finalized and implemented on October 1, 2016.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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