The Department of Foreign Investment Administration under the Ministry of Commerce is mainly in charge of the foreign investment-related affairs in China.
1. To provide macro-guidance and general management to nationwide efforts in foreign investment promotion; to analyze and study trends of cross-border investment and nationwide foreign investment situations, and report relevant developments to the State Council on a regular basis; to coordinate opinions among relevant departments, and develop suggestions on key issues concerning foreign investment attractions; to participate in the formulation of development strategies and mid-term and long-term plans for foreign investment utilization as well as the objectives of industrial regional structural improvement.
2. To draw up laws and regulations on foreign investment absorption, formulate relevant rules, policies and reform schemes and organize their implementation, and supervise and examine the enforcement; to participate in the formulation and release of the Catalogue Guiding Foreign Investment in Industry; to formulate policies concerning the transfer of assets, equity rights and management rights to foreign investors as well as related mergers and acquisitions, contract operation and leasing issues; to coordinate with the departments concerned and formulate programs on foreign investment utilization in trade in services and organize their implementation.
3. To administer and guide the examination and approval as well as the filing of foreign investments nationwide; to examine and approve the establishment, contracts and articles of association as well as alteration of foreign-funded enterprises whose investment amount exceeds the upper limit prescribed by the State or as provided in relevant rules and regulations; to examine and approve the contracts, articles of association and significant alterations of large-sized foreign-funded projects as provided by law; to examine and approve foreign investment projects in the commercial circulation sector in collaboration with departments and bureaus concerned.
4. To be responsible for handling and replying to applications by foreign investors for merging with or acquiring domestic enterprises; to work with relevant agencies to establish inter-ministry joint meeting for security review of mergers and acquisitions of domestic enterprises by foreign investors and participate in the formulation of the catalogue of security review of mergers and acquisitions of domestic enterprises by foreign investors; to be responsible for submitting M&A deals that fall within the scope of security review to the inter-ministry joint meeting for security review.
5. To monitor and examine foreign-funded enterprises' compliance with relevant laws and regulations and contracts; coordinate to solve problems for foreign-funded enterprises' lead the joint annual inspection of foreign-funded enterprises; undertake statistical and overall analysis of foreign investment.
6. To study and formulate strategies, programs and standards of investment promotion, and guide and manage investment promotion nationwide; to establish multilateral and bilateral investment promotion mechanisms and organize major cross-region activities on investment promotion and presentation of foreign investment policies; to lead the coordination of China’s positions on investment issues in multilateral, bilateral and regional negotiations; to design negotiation plans, undertake negotiations with foreigners, and take part in the negotiations on bilateral investment treaties.
7. To guide and coordinate national economic and technological development zones, and the Suzhou Industrial Park and border (cross-border) economic cooperation areas; to formulate and implement development strategies, policies, laws and regulations; to liaise with special economic zones, bonded areas, comprehensive bonded areas, bonded ports and export processing zones for foreign investment attraction.
8. To lead research on policies promoting regional opening-up; to coordinate wider opening of border and other regions.
9. To study, draft and implement programs and policies on regional FDI and investment cooperation; to guide and coordinate the construction of platforms like industrial transfer and investment promotion centers and demonstration parks; to optimize the patterns of foreign investment; to coordinate, guide and monitor the complaints of foreign investment enterprises nationwide.
10. To undertake other assignments given by the leaders of the Ministry.
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