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China's National Development and Reform Commission (NDRC) Promulgates Administrative Measures for Approval and Record-Filing of Foreign Investment Projects
Monday, August 18, 2014

On May 17, 2014, the National Development and Reform Commission (NDRC) promulgated the Administrative Measures for Approval and Record-Filing of Foreign Investment Projects (the Measures), which became effective June 17, 2014. The Measures replaced the Interim Administrative Measures for Examination and Approval of Foreign Investment Projects (Order of the National Development and Reform Commission No. 22) promulgated October 9, 2004 (the Interim Measures).

The foreign investment projects covered by the Measures include Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures, wholly foreign-owned enterprises, foreign-invested partnerships, foreign mergers and acquisitions of domestic enterprises, capital increases and reinvestments of foreign- invested enterprises.

Compared with the Interim Measures, the key change in the Measures is that while all foreign investment projects are subject to approval under the Interim Measures, going forward only certain foreign investment projects will be subject to approval requirements. All other foreign investment projects will only be subject to a filing requirement.

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