BIZCHINA / Foreign Investment Catalogue
Provisions on Guiding Foreign Investment Direction
Updated: 2006-04-18 17:01
(Approved and promulgated by the State Council on Feb. 21, 2002.)
Article 1 These provisions are formulated according to the related legal   
provisions on foreign investment and requirements of industrial policies    
of the State in order to guide the direction of foreign investment, to    
make foreign investment in accordance with the plan of the national    
economy and social development of our country, and to serve the purpose    
of protecting legitimate rights and interests of investors. 
Article 2 These provisions shall apply to the projects of Sino-foreign   
equity joint ventures, Sino-foreign contractual joint ventures, wholly    
foreign owned enterprises(hereafter referred to as "foreign investment    
enterprises"), as well as to other forms of foreign investment (hereafter    
referred to as "foreign investment projects") within the territory of the    
People's Republic of China. 
Article 3 The State Development Planning Commission (SDPC), the State   
Economy and Trade Commission (SETC) and the Ministry of Foreign Trade and    
Economic Cooperation (MOFTEC), in conjunction with the concerned    
ministries of the State Council, shall formulate Catalogue for the    
Guidance of Foreign Investment Industries and Catalogue of Advantaged    
Industries for Foreign Investment in Mid-west China, and promulgate these    
Catalogues after approval of the State Council. According to practical    
circumstance that partial adjustment need to be made to these Catalogues,    
SETC, SDPC and MOFTEC, in conjunction with the concerned ministries of    
the State Council shall make revision and promulgation in time. 
Catalogue for the Guidance of Foreign Investment Industries and Catalogue   
of Advantaged Industries for Foreign Investment in Mid-west China shall    
be the basis for the guidance of examination and approval of foreign    
investment projects and for the policy application of foreign investment    
enterprises. 
Article 4 Foreign investment projects shall be classified into four   
categories: encouraged, permitted, restricted and prohibited projects. 
Foreign investment projects belonging to encouraged, restricted and   
prohibited categories are listed in Catalogue for the Guidance of Foreign    
Investment Industries. Those permitted foreign investment projects which    
do not belong to the above three categories are not to be listed in    
Catalogue for the Guidance of Foreign Investment Industries. 
Article 5 Those foreign investment projects under one of the following   
circumstances shall be listed as encouraged foreign investment projects: 
1. Projects for new agricultural technology, comprehensive agricultural   
development and for energy, transportation and key raw materials    
industries;    
2. Projects for new and high technology, advanced applicable technology    
which can improve performance of products and increase tech-economic    
efficiency of enterprises or produce new equipment and new material that    
domestic capacity is deficient. 
3. Projects that meet market demands, and can promote the quality of   
products, enter into new markets or strengthen the competing capability    
of products in intentional markets. 
4. Projects adopting new technology and new equipment for saving energy   
and raw materials, for comprehensive utilization of resources and    
renewable resources, and for prevention environment pollution; 
5. Projects that can make full use of man power and resource advantage in   
mid-west region and are in accordance with the State's industrial    
policies; 
6. Other cases that are regulated by laws and administrative regulations   
of the State. 
Article 6 Those foreign investment projects under one of the following   
circumstances shall be listed as restricted foreign investment projects: 
1. Projects adopting out-of-date technologies;
2. Projects unfavorable to resource-saving and ecological environment   
improvement; 
3. Projects for resources protected by laws and regulations of the State;
4. Projects in those industries that shall be opened gradually;
5. Other cases that are regulated by laws and administrative regulations   
of the State. 
Article 7 Those foreign investment projects under one of the following   
circumstances shall be listed as prohibited foreign investment projects: 
1. Projects that endanger the safety of the State or damage social and   
public interests; 
2. Projects that pollute environment, destroy natural resources or impair   
the health of human beings; 
3. Projects that occupy large amounts of arable land, unfavorable to   
protection and development of land resources; 
4. Projects that endanger the safety of military facility and its   
performance; 
5. Projects that adopt the unique craftsmanship or technology of our   
country to make products; 
6. Other cases that are regulated by laws and administrative regulations   
of the State. 
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