(2013 EDITION) (“CATALOGUE”)( 政 府 核 准 的 投 资 项 目 目 录 ( 2013 年本)), ISSUED BY THE STATE COUNCIL

The Catalogue has been updated based on the previous one, issued in 2004, specifying the approving authority for several types of investment projects in different sectors, such as water conversation, energy, transportation, telecommunications, hi-tech and machine manufacturing.

The Catalogue establishes two chapters specifically for foreign investment projects and outbound investment projects, as follows:

Foreign direct investment

  1. Encouraged projects specified under the  Catalogue  of  Industries  for  Guiding Foreign Investment (“Guiding Catalogue”) that must be controlled by Chinese investors, with total investment (or capital increase) of over USD 300 million and restricted projects (excluding real  estate  projects)  with  total  investment  (or capital increase) of over USD 50 million are subject to approval by the state -level NDRC or MOFCOM.
  2. Restricted  real  estate  projects  and  projects  restricted  under  the  Guiding Catalogue with total investment (or capital increase) of less than USD 50 million are subject to approval by the provincial-level government.
  3. Encouraged projects that must be controlled by Chinese investors, with total investment (or capital increase) of less than USD 300 million, are subject to local government approval.

Outbound investment

  1. Outbound investment projects involving sensitive countries, regions or industries, with investments over USD 1 billion by a Chinese party, are subject to approval by the state-level NDRC or MOFCOM.
  2. Outbound investment projects by enterprises under the administration of the central government, or projects with over USD 300 million by local enterprises must file records with the state-level NDRC or MOFCOM.
  3. Overseas enterprises (excluding financial enterprises) incorporated by domestic investors involving sensitive countries, regions or industries,  are  subject  to approval by the state-level MOFCOM

Other  outbound  investment  projects  are  subject  to  record-filing  formalities, instead of approval.

In contrast to the 2004 edition, the Catalogue partially delegates the approving power on inbound and outbound investments to lower level governments.

Date of issue: December 2, 2013. Effective date: December 2, 2013.