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Decision of the Standing Committee of the National People’s Congress on Amending Four Laws Including the Law of the People’s Republic of China on Foreign-funded Enterprises
Promulgation Date:2016-09-03  Promulgation Number:Presidential Decree of the People’s Republic of China No.51  Promulgation Department:The National People’s Congress of the People’s Republic of China

Presidential Decree of the People’s Republic of China

No.51

      

The Decision of the Standing Committee of the National People’s Congress on Amending Four Laws Including the Law of the People’s Republic of China on Foreign-funded Enterprises, which was adopted at the 22nd session of the Standing Committee of the 12th National People’s Congress (NPC) of the People’s Republic of China on September 3, 2016, is hereby promulgated and shall take effect as of October 1, 2016.

Xi Jinping, President of the People’s Republic of China

September 3, 2016

     

Decision of the Standing Committee of the National People’s Congress on Amending Four Laws Including the Law of the People’s Republic of China on Foreign-funded Enterprises

(Adopted at the 22nd session of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on September 3, 2016)

     

It has been resolved at the 22nd session of the Standing Committee of the 12th National People’s Congress:

I. To Amend the Law of the People’s Republic of China on Foreign-funded Enterprises

One article is added as Article 23 to read: “Where the establishment of a foreign-funded enterprise does not involve the implementation of special admission administration measures as per national regulations, record-filing management shall apply to the approval matters as specified in Articles 6, 10 and 20 herein. The special admission administration measures under the nation regulations shall be issued by or upon approval of the State Council.”

II. To Amend the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures

One article is added as Article 15 to read: “Where the establishment of a joint venture does not involve the implementation of special admission administration measures as per national regulations, record-filing management shall apply to the approval matters as specified in Articles 3, 13 and 14 herein. The special admission administration measures under the national regulations shall be issued by or upon approval of the State Council.”

III. To Amend the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures

One article is added as Article 25 to read: “Where the establishment of a contractual joint venture does not involve the implementation of special admission administration measures as per national regulations, record-filing management shall apply to the approval matters as specified in Article 5, Article 7, Article 10, Paragraph 2 of Article 12 and Article 24 herein. The special admission administration measures under the national regulations shall be issued by or upon approval of the State Council.”

IV. To Amend the Law of the People's Republic of China on the Protection of Investments of Taiwan Compatriots

One article is added as Article 14 to read: “Where the establishment of enterprises invested into by Taiwan compatriots does not involve the implementation of special admission administration measures as per national regulations, record-filing management shall apply to the approval matters as specified in Paragraph 1 of Article 8 herein. The special admission administration measures under the national regulations shall be issued by or upon approval of the State Council.”

This Decision shall take effect as of October 1, 2016. Upon effectiveness of this Decision, the Decision of the Standing Committee of the National People’s Congress on Authorizing the State Council to Temporarily Adjust Certain Administrative Approval Procedures as Regulated by Relevant Laws in China (Shanghai) Pilot Free Trade Zone adopted at the 4th session of the Standing Committee of the 12th National People’s Congress (NPC) of the People’s Republic of China on August 30, 2013 and the Decision of the Standing Committee of the National People’s Congress on Authorizing the State Council to Temporarily Adjust Certain Administrative Approval Procedures as Regulated by Relevant Laws in China (Guangdong) Pilot Free Trade Zone, China (Tianjin) Pilot Free Trade Zone, China (Fujian) Pilot Free Trade Zone and the expansion area of China (Shanghai) Pilot Free Trade Zone adopted at the 12th session of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on December 28, 2014 shall be terminated accordingly.

The Law of the People’s Republic of China on Foreign-funded Enterprises, the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures, the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures, and the Law of the People's Republic of China on the Protection of Investments of Taiwan Compatriots shall be amended accordingly and re-promulgated in accordance with this Decision.

(All information published in this website is authentic in Chinese. English is provided for reference only. )

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