Ministry of Commerce and National Development and Reform Commission jointly announced the scope of special management measures for the access of foreign investment on October 8, 2016.
2016年10月8日,中国商务部和发改委联合公布了外商投资准入特别管理措施范围。
According to the said announcement, such scope refers to: (i) the restricted industries and the prohibited industries listed in the Catalogue for the Guidance of Foreign Investment Industries (2015 version); (ii) the industries which fall in the encouraged industries but has special requirements on shareholding and senior managerial officials in the said Catalogue.
根据该公告,该范围涵盖了《外商投资产业指导目录(2015年修订)》中规定的限制类和禁止类产业,以及鼓励类产业中有股权要求、高管要求的产业。
From now on, if the establishment and alternation of a foreign invested enterprise does not fall in the said scope, approval from examination and approval authority is no longer required, instead, only filing is required.
从今起,如果一外商投资企业设立及变更不在上述特别管理措施范围内,将不再需要审批机关的批准,仅需备案即可。
However, if a foreign investor mergers a domestic company, the approval from examination and approval authority is still required.
但若涉及外国投资这并购内资企业的,仍然能需要审判机关的批准。