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Foreign Investment Law of China (2019)

外商投资法

Type of laws Law

Issuing body National People's Congress

Promulgating date Mar 15, 2019

Effective date Jan 01, 2020

Validity status Valid

Scope of application Nationwide

Topic(s) Foreign Investment Corporate Law/Enterprise Law

Editor(s) C. J. Observer

The Foreign Investment Law was promulgated in 2019 and entered into force on January 1, 2020.

There are 42 articles in total.

The key points are as follows:

1.The foreign investment refers to the investment activity directly or indirectly conducted by a foreign natural person, enterprise or other organization.

2.China shall implement the management systems of pre-establishment national treatment and negative list for foreign investment. Foreign investors shall not invest in any field forbidden by the negative list for access of foreign investment.

3.China not to expropriate any investment made by foreign investors.

4.China shall guarantee that foreign-funded enterprises can participate in government procurement activities through fair competition.

5.Foreign-funded enterprises may conduct financing through public offering of shares, corporate bonds and other securities or by other means.

6.China shall establish a safety review system for foreign investment, under which the safety review shall be conducted for any foreign investment affecting or having the possibility to affect national security.