Measures for approval and record-filing of foreign investment projects in Guangxi

Chapter I General Provisions

Article 1 In order to further deepen the reform of foreign investment management system, these measures are developed in accordance with the Administrative License Law of the People's Republic of China, Provisions on Guiding the Orientation of Foreign Investment, Decision of the State Council on Reform of the Investment System (No 20 [2004], State Council), Catalogue of Investment Projects Approved by the Government (2014), and the Administrative Measures for Approval and Record-filing of Foreign Investment Projects (No 12, National Development and Reform Commission). 

Article 2 These measures adapt to various foreign-invested projects, such as Chinese-foreign joint ventures, Chinese-foreign cooperation, wholly foreign-funded enterprises, foreign-invested partnerships, foreign mergers and acquisitions of domestic enterprises, foreign-invested enterprises' capital increase and reinvestment projects within the scope of the Guangxi Zhuang autonomous region. 

Article 3 The investment department of the autonomous regional government refers to the Development and Reform Commission of Guangxi Zhuang autonomous region and its Commission of Industry and Information Technology. The investment departments of the local governments refer to the development and reform departments of cities and counties of Guangxi as well as their industry and information technology departments.

Article 4 The project approval authorities and record-filing institutions mentioned in the Measures refer to the administrative departments that have the corresponding project approval and record-filing rights. The development and reform departments of the governments at all levels are the organs for the approval and recording-filing of construction projects. The industrial and information technology departments are responsible for the approval and record-filing of renewal projects. 

Article 5 The Development and Reform Commission is responsible for the approval and record-filing of foreign investment projects in the region, and is also responsible for the approval, supervision, and coordination of foreign investment projects. The development and reform departments of the local governments at or above the county level are responsible for the approval and record-filing of projects within the administrative areas, and are responsible for the guidance, supervision, and coordination of the approval, record-filing, and review of the investment projects within the administrative areas. 

Article 6 The authorization of the national-level development zone that has been approved by the state and issued by the local governments shall be the same as that of the prefecture-level city (excluding the items controlled by China), and the zone shall be responsible for the record-filing of the projects within its jurisdiction.

Chapter II Management mode 

Article 7 Foreign-invested projects shall be subject to approval and record-filing administration in accordance with different circumstances. 

Article 8 In accordance to the Catalogue of Investment Projects Approved by the Government, the foreign-invested projects subject to the approval catalogue include:

(1) The encouraged projects included in the Catalogue with a total investment (including capital increase) of one billion dollars and above, which meet the requirements of the Chinese party holdings (including relative holdings), and the restricted projects with a total investment (including capital increase) of 100 million dollars and above (excluding real estate), shall be approved by the National Development and Reform Commission.

(2) The restricted projects including the real estate and others with a total investment of less than 100 million dollars, shall be approved by the investment departments of Guangxi Zhuang autonomous region's government. The encouraged projects included in the Catalogue with a total investment (including capital increase) of less than one billion dollars, which meet the requirements of the Chinese party holdings (including relative holdings), shall be approved by the investment departments of the prefecture-level cities. 

(3) The foreign investment projects listed in items 1 to 10 of the Catalogue other than the first two provisions shall be approved in accordance with the provisions of items 1 to 10 in the Catalogue. 

(4) For the foreign investment projects approved by the investment departments of the prefecture-level cities, the authority for approval shall not be delegated.

Article 9 Foreign-invested projects outside the scope of Article 8 of the Measures shall be filed by the investment departments of local governments. The projects filed by the investment departments of the People's Government of the autonomous region in accordance with the national laws and regulations and special regulations for industry management shall be implemented in accordance with relevant regulations. 

Article 10 The total investment of foreign-invested enterprises' capital-raising projects shall be calculated according to the amount of the new investment, and the total investment of mergers and acquisitions projects shall be calculated in accordance with the transaction amount.

Article 11 Foreign investment regarding national security shall be conducted in accordance with relevant regulations.