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ARTICLE · 09 JANUARY 2017

Foreign Invested Enterprise Record-filing System Implemented

Han Kun Law Offices
Han Kun Law Offices
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Han Kun Law Offices

Han Kun Law Offices

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The Joint Statement also stated that the relevant provisions currently in force will apply in the case of establishment and alterations resulting from foreign mergers and acquisitions.

ChinaGovernment, Public Sector
Han Kun Law Offices
Han Kun Law Offices

On September 3, 2016, the Standing Committee of the National People's Congress promulgated the Decision of the Standing Committee of the National People's Congress on Amending Four Laws Including the Law of the People's Republic of China on Wholly Foreign-owned Enterprises (the "Decision"). The Decision provides for record-filing in lieu of administrative approval in the case of foreign invested enterprise establishment and alterations for foreign invested enterprises ("FIEs") not subject to special administrative measures.  On October 8, 2016, the Ministry of Commerce ("MOFCOM") issued the Interim Measures for Record-filing for the Establishment and Alteration of Foreign-invested Enterprises (the "Interim Measures").  On the same day, MOFCOM and the National Development and Reform Commission ("NDRC") jointly issued a statement (the "Joint Statement"), which clarified that the special administrative measures to be implemented in this case are the restricted and

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