According to the "management measures of foreign investment" issued by Ministry of Commerce, there are generally three situations enterprises invest overseas: the project that must be reported to the Ministry of Commerce for approval; the project that shall be approved by the provincial department of Commerce or other cases.
1. Projects approved by the Ministry of Commerce
1.1 Applies to the cases such as:
(1) in countries with no diplomatic relations with china overseas Investment;
(2) the overseas investment in the particular country or region;
(3)project in which Chinese investor’s investment is more than 100 million U.S. dollar;
(4) project which involves multi-national (regional) interests;
(5) the establishment of offshore special purpose company.
1.2 Documents required
(1) Application. The main contents include the names of foreign enterprises, registered capital, investment, scale of business, duration, source of capital, description of investment, Ownership Structure, investment environmental Analysis, and etc.
(2) Copy of business license
(3) AOA and relative contracts
(4) Approval certificate of filling documents issued by the relative authorities
(5) Preparation report of foreign M&A
(6) Other documents required
1.3 Administrative process
(1) Submission the application to the provincial department of commerce.;
(2) provincial department of commerce will have general examination and provide the view before 10 working days upon receipt of application, and then report to the Ministry of Commerce
(3) Within 5 working days upon receiving the application, Department of Commerce shall decide whether to accept the documents or not. If the application documents are incomplete or do not meet the statutory form, it shall, within 5 working days, inform the applicant.
(4) After accepted the application, Ministry of Commerce shall, within 15 working days make a decision whether or not to approve it.
2. Projects approved by the provincial Department of Commerce
2.1 applies to the case:
2.1.1 Investments by the Chinese investors are more than 100 million U.S. dollars while the total investments are beyond10 million U.S. dollars,
2.1.2 foreign investment in the energy and mining Industry
2.1.3 the need to invest in china
2.2 Documents required (ibid.)
2.3 Administrative process
(1) to apply to the provincial authorities.
(2) The provincial department, within 5 working days after receiving the application shall decide whether or not to accept it. If the application documents are incomplete or do not meet the statutory form, it shall, within 5 working days, inform the applicant.
(3) After accepted the application, the provincial department shall, within 15 working days make a decision whether or not to approve it.
3. Other investment
After submitting the application form to the Ministry of Commerce or provincial department of commerce, the relative authorities review the application within 3 working days and issue the “Foreign Investment Certificate”.