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ODI Filing or Approval Requirements in China

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ODI Filing or Approval Requirements in China

According to the relating PRC laws and regulations, overseas direct investment (ODI) conducted by Chinese enterprises are subject to approval or filing procedures with the National Development and Reform Commission (NDRC) or its local branches and Ministry of Commerce (MOFCOM) or its local branches before the investment is made, which aims to ensure the legal and compliant remittance of investment funds.

The Chinese enterprise shall be subject to approval or filing procedures depending on the type of ODI and type of domestic enterprise involved. The detailed requirements are as follows:

Type of ODI

Type of Domestic Enterprise

MOFCOM

NDRC

ODI involving sensitive countries or regions, sensitive industries

Regardless of central enterprise or local enterprise

Approval by MOFCOM

Approval by NDRC

Non-sensitive ODI

Central enterprise

Filing with MOFCOM

Filing with NDRC

Local enterprise, the investment amount of Chinese investor is USD300 million or above

Filing with local branch of MOFCOM

Filing with NDRC

Local enterprise, the investment amount of Chinese investor is less than USD300 million

Filing with local branch of MOFCOM

Filing with local branch of NDRC


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