Measures for the Security Review of Foreign Investment
- Document Number：Order No. 37 of the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China
Area of Law： General Provisions on Foreign-Funded EnterprisesLevel of Authority： Departmental RulesDate Issued：12-19-2020Effective Date：01-18-2021Issuing Authority： State Development & Reform Commission (incl. former State Development Planning Commission) Ministry of CommerceStatus： EffectiveTopic： Comprehensive
- Order of the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China
- (No. 37)
- The Measures for the Security Review of Foreign Investment, as deliberated and adopted at the 13th executive meeting of the National Development and Reform Commission on November 27, 2020, with the approval of the State Council, are hereby issued, and shall enter into force on January 18, 2021.
- He Lifeng, Chairman of the National Development and Reform Commission
- 发展改革委主任 何立峰
- Zhong Shan, Minister of Commerce
- 商 务 部 部 长 钟 山
- December 19, 2020
- Measures for the Security Review of Foreign Investment
- Article 1 For the purposes of satisfying the requirements for boosting the formation of a new pattern of comprehensively opening up and effectively preventing and dissolving national security risks while actively promoting foreign investment, these Measures are formulated in accordance with the Foreign Investment Law of the People's Republic of China, the National Security Law of the People's Republic of China, and related laws.
- 第一条 为了适应推动形成全面开放新格局的需要，在积极促进外商投资的同时有效预防和化解国家安全风险，根据《中华人民共和国外商投资法》《中华人民共和国国家安全法》和相关法律，制定本办法。
- Article 2 Foreign investment that affects or may affect national security shall be subject to security review under these Measures.
- 第二条 对影响或者可能影响国家安全的外商投资，依照本办法的规定进行安全审查。
- For the purposes of these Measures, "foreign investment" means the investing activities conducted by a foreign investor directly or indirectly in the territory of the People's Republic of China (hereinafter referred to as "in China"), including the following circumstances:
- (1) A foreign investor, alone or together with another investor, invests in a new project or invests by the formation of an enterprise in China.
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