Chinese domestic enterprises that establish non-financial enterprises overseas or acquire ownership, control, and management rights of existing non-financial enterprises through new establishment, mergers and acquisitions must apply for registration and approval from the Ministry of Commerce and provincial commerce authorities, and obtain overseas investment certificates or enterprise overseas institution certificates. Government departments will implement filing and approval management based on the overseas investment situation of enterprises. If the investment involves sensitive countries/regions or sensitive industries, approval management will be implemented; In other cases, filing management will be implemented.

Encourage overseas investment

In order to enhance China's technological research and development, production and manufacturing capabilities, and to make up for resource shortages, the government encourages enterprises to conduct overseas investment in the following areas:

Infrastructure conducive to the construction of the "the Belt and Road" and the interconnection of surrounding infrastructure

Overseas investment that drives the output of advantageous production capacity, high-quality equipment, and technological standards

Strengthen investment cooperation with overseas high-tech and advanced manufacturing enterprises, and encourage the establishment of research and development centers overseas

Participate in overseas exploration and development of energy resources such as oil, gas, and minerals

Expand agricultural foreign cooperation and carry out mutually beneficial investment cooperation in fields such as agriculture, forestry, animal husbandry, sideline fishing, etc

Promote overseas investment in service areas such as commerce, culture, and logistics, and support eligible financial institutions to establish branches and service networks overseas

Required information

Overseas Investment Filing Form

Business license of domestic investment entities

Articles of association (contracts, agreements) for establishing enterprises or mergers and acquisitions through external investment

Explanation of the implementation of preliminary work

Proof of authenticity and compliance of funding sources

Equity Structure Chart

matters needing attention

Two or more enterprises jointly invest to establish overseas enterprises, and the major shareholder shall apply for filing (the major shareholder shall obtain written consent from other investors). If the shareholding ratios of all parties are equal, one party shall handle it after consultation.

The naming of overseas investment enterprises should comply with domestic and foreign laws, regulations, and policy provisions. Unauthorized enterprises shall not use words such as "China" or "Zhonghua" in their overseas enterprise names.

The filing application for central enterprises and their affiliated local enterprises must be submitted to the Ministry of Commerce.

Overseas investment involving sensitive countries/regions or industries must be approved and processed by the Beijing Municipal Commission of Commerce.

Sensitive countries refer to countries that have not established diplomatic relations with China or have been sanctioned by the United Nations (see the website of the Ministry of Foreign Affairs for countries that have not established diplomatic relations; see the Chinese website of the United Nations for countries sanctioned by the United Nations).

Sensitive industries refer to industries that involve the export of products and technologies restricted by China, and industries that affect the interests of more than one country/region.