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Q：
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Is it currently legal for individuals to purchase overseas real estate?
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A：
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Yes, it is legal, but it must be filed. Starting July 1, 2026, individual residents' overseas property purchases, equity investments, and similar activities will be formally brought under regulatory oversight. Identity documents, proof of fund sources, and investment agreements must be submitted through the "Ministry of Commerce's Overseas Investment Management Service Platform," and the flow of funds must be compliant.
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Q：
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For a $5 million investment in manufacturing, should I go through filing or approval?
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A：
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Go through filing. Non-sensitive industries (such as high-end manufacturing and green energy) are subject to the filing system regardless of the investment amount. Only projects involving sensitive countries, military industry, energy, etc., require approval from the National Development and Reform Commission (NDRC).
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Q：
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Do projects already invested in 2025 need to be reported retroactively now
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A：
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Yes, information must be reported retroactively. Although there will be no retroactive penalties, existing project information must be registered through the system before December 31, 2026; otherwise, it will affect subsequent fund repatriation and foreign exchange settlement.
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Q：
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Is ODI mandatory for setting up companies overseas or building overseas warehouses?
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A：
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Yes. As long as a domestic entity provides funding and controls an overseas entity (including Hong Kong companies), regardless of whether it is profitable, it falls within the regulatory scope and must complete ODI filing. Otherwise, banks will refuse to release funds.
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Q：
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What are the differences between individual and enterprise filings?
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A：
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Enterprises must follow a three-step process: "NDRC filing → Ministry of Commerce registration → foreign exchange registration." Individuals only need to submit materials to the local commerce department, with a simplified process; however, the requirements for proof of fund sources are stricter.
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