Regulations on Foreign Investment of Beijing Municipality

Article 1 This Regulation is formulated in accordance with the Foreign Investment Law of the People's Republic of China, the Implementing Regulations of the Foreign Investment Law of the People's Republic of China and other laws and administrative regulations, in light of the actual conditions of this municipality, for the purpose of promoting foreign investment, protecting the legitimate rights and interests of foreign investors, standardizing the administration of foreign investment, serving and integrating into the new pattern of all-round opening up, and promoting high-quality development.

Article 2 This Regulation shall apply to foreign investment and activities related to its promotion, protection, service and management within the administrative region of this municipality.

Article 3 The city fully implements the basic state policy of opening up to the outside world, aligns with international high-standard economic and trade rules, deepens the opening up of goods and factors of production, expands the opening up of systems such as rules, regulations, management and standards, builds a first-class business environment that is market-oriented, law-based and internationalized, and implements high-level policies for investment liberalization and facilitation Create a stable, transparent, predictable and fair competitive market environment for foreign investment.

Article 4 This municipality shall implement the management system of pre-establishment national treatment plus negative list for foreign investment in accordance with the law.

Foreign investors are not allowed to invest in areas prohibited by the negative list for foreign investment access. Foreign investors making investments in areas restricted by the negative list shall comply with the special administrative measures for restricted access as stipulated in the negative list.

For areas other than those prohibited or restricted by the negative list for foreign investment access, management shall be implemented in accordance with the principle of treating domestic and foreign investment equally.

Article 5 The municipal and district people's governments shall strengthen the organization and leadership of foreign investment work, and promptly coordinate and solve major problems in foreign investment work.

The municipal and district departments of commerce and development and reform shall, in accordance with their respective duties, carry out the work of promoting, protecting, serving and managing foreign investment. Other relevant departments shall, within the scope of their respective duties, be responsible for the related work of promoting, protecting, serving and managing foreign investment.

Article 6 The city shall implement the coordinated development strategy of the Beijing-Tianjin-Hebei region, strengthen collaborative innovation, enhance industrial cooperation, jointly optimize the business environment, promote the free flow of talents, science and technology and other elements, encourage foreign investors and foreign-invested enterprises to carry out investment activities in the Beijing-Tianjin-Hebei region, and promote the linkage of the innovation chain, industrial chain and supply chain of foreign investment in the Beijing-Tianjin-Hebei region.

Article 7 Foreign-invested enterprises shall, in accordance with the law, equally apply all policies of the state and this municipality to support the development of enterprises.

When municipal and district people's governments and their relevant departments formulate policies and measures closely related to the production and operation activities of market entities, such as industrial development, investment promotion, bidding and tendering, government procurement, business conduct norms, and qualification standards, they shall conduct fair competition reviews and shall not formulate, implement or covertly implement discriminatory policies and measures against foreign-invested enterprises.

Article 8 The municipal and district people's governments and their relevant departments may, in accordance with the provisions of laws, administrative regulations and local regulations of this municipality, formulate policies and measures for promoting foreign investment, such as fee reduction and exemption, land use index guarantee, talent introduction guarantee, public service provision and investment attraction rewards, within the scope of their legal authority.

Article 9 When formulating local regulations, rules and normative documents related to foreign investment, the municipality shall, in light of the actual situation, adopt various forms such as written consultation, online solicitation of opinions, or holding symposiums, argumentation meetings and public hearings to listen to the opinions and suggestions of foreign-invested enterprises and relevant chambers of commerce and associations. For opinions and suggestions that are concentrated or involve major rights and obligations of foreign-invested enterprises, the units soliciting opinions shall provide feedback on the adoption through appropriate means.

Normative documents related to foreign investment shall be published in a timely manner in accordance with the law. Those that have not been published shall not be used as the basis for administrative management. Normative documents closely related to the production and business operations of foreign-invested enterprises shall, in light of actual conditions, reasonably determine the time between their promulgation and implementation.

When formulating authorities publish local regulations, rules and normative documents related to foreign investment, they shall provide interpretations and, as needed, publish implementation guidelines or case guidelines.

Article 10 The city shall establish an investment promotion mechanism featuring municipal-level coordination, district-level participation as the main body, district-level collaboration, and multi-party involvement.

The municipal investment promotion service institutions should coordinate the work of attracting foreign investment, formulate medium - and long-term plans for attracting investment, strengthen the exchange and linkage between attracting investment and exhibition platforms such as the China International Fair for Trade in Services, the Zhongguancun Forum, the Beijing Culture Forum, and the Financial Street Forum, as well as international economic and trade, cultural, scientific and technological, and sports exchanges, and innovate the models of attracting investment. Promote the participation of multiple parties including government departments, investment attraction institutions, chambers of commerce, associations and enterprises in promoting foreign investment.

Article 11 The city shall strengthen cooperation with China's economic and trade and investment promotion service institutions stationed abroad, establish and improve investment promotion cooperation mechanisms in relevant countries or regions, and build various forms of investment promotion platforms.

The municipal investment promotion service agency should coordinate the trade and investment networks, industrial parks, and overseas institutions of municipal state-owned enterprises established by the city abroad, enhance exchanges and cooperation with foreign enterprises, overseas institutions of Chinese-funded enterprises, overseas Chinese associations, etc., intensify efforts to attract investment overseas, and expand channels for attracting investment.

Article 12 The city shall give full play to the leading role of the National Demonstration Zone for Expanding Opening-up of the Service Industry and the China (Beijing) Pilot Free Trade Zone in opening up, align with the demands of industrial development and international high-standard economic and trade rules, and implement experimental policies and measures for foreign investment.

In line with international high-standard economic and trade rules and the implementation of experimental policies and measures for foreign investment, if it is necessary to temporarily adjust the application of relevant laws, administrative regulations, State Council documents and departmental rules, the relevant departments of the city shall strengthen communication with the relevant departments of the state and proactively assist in carrying out the relevant work.

Article 13 The municipal Commerce Department and investment promotion service institutions shall, in conjunction with the municipal development and reform department and other relevant departments, formulate, issue and update in a timely manner the guidelines for foreign investment. Foreign investment guidelines should include an introduction to the investment environment, a guide for foreign investment services, information on investment projects, and relevant data information, etc.

Article 14 The city encourages and guides foreign investors and foreign-invested enterprises to invest in the fields of the national Catalogue of Industries encouraged for foreign Investment, strategic emerging industries, advanced manufacturing and modern services that the city focuses on developing.

This city encourages foreign investors and foreign-invested enterprises to participate in activities related to the implementation of the carbon peaking and carbon neutrality strategy, and promotes green and low-carbon development. Projects that meet the conditions will be rewarded in accordance with relevant regulations.

Article 15 The city supports foreign investors and foreign-invested enterprises in setting up global and regional headquarters of multinational companies in the city to gather business and expand functions. The specific measures shall be formulated by the municipal department of commerce.

This city encourages foreign investors and foreign-invested enterprises to carry out technological cooperation with institutions of higher learning, research institutions and other enterprises based on the principle of voluntariness and commercial rules. Support foreign investors and foreign-invested enterprises in setting up foreign-funded research and development centers in this city, participating in the construction of public service platforms and government science and technology planning projects, and sharing the utilization of major scientific research infrastructure and large-scale scientific instruments and equipment built or purchased with fiscal funds. The specific measures shall be formulated by the municipal science and technology department.

Article 16 The city encourages qualified foreign investors to establish investment companies. Enterprises established by investment companies in this city shall enjoy the treatment of foreign-invested enterprises in accordance with relevant state regulations.

Article 17 The city supports foreign-invested enterprises in participating in the formulation and revision of standards under the same conditions as domestic-funded enterprises in accordance with the law, and in joining the city's standardization technical committee or standardization organization. When formulating or revising local standards closely related to foreign-invested enterprises, the opinions of foreign-invested enterprises shall be solicited.

Foreign-invested enterprises participating in the formulation and revision of standards may apply for subsidy funds in accordance with the relevant regulations of this municipality.

Article 18 This municipality guarantees that foreign-invested enterprises participate in government procurement activities through fair competition in accordance with the law, and treats the products produced and services provided by foreign-invested enterprises within the territory of China equally in accordance with the law.

The municipal and district financial departments shall carry out supervision and inspection to ensure that market entities can participate in government procurement activities fairly, accept relevant complaints from foreign-invested enterprises in accordance with the law, and investigate and deal with discriminatory behaviors against foreign-invested enterprises in accordance with the law.

Article 19 This municipality shall implement the system of exempting foreign-invested enterprises from foreign exchange registration for reinvestment in accordance with the provisions of the state.

This city encourages foreign-invested enterprises to reinvest their profits and implements the same supporting policies for reinvestment as for new foreign investment. Foreign investors who reinvest profits obtained within the territory of China shall be subject to the policy of temporarily not levying withholding income tax in accordance with national regulations.

The projects invested by domestic reinvestment enterprises of foreign-invested enterprises that meet the conditions stipulated in the national Catalogue of Industries Encouraged for Foreign Investment and other relevant regulations shall enjoy the policy of exemption from tariffs on imported self-used equipment in accordance with the relevant state regulations.

Article 20 In accordance with the national regulations on expanding the access of foreign financial institutions in the banking and insurance sectors, this municipality supports qualified foreign institutions in lawfully conducting bank card clearing business and supports qualified foreign professional insurance institutions in investing in or participating in insurance institutions in this municipality.

Article 21 Foreign investors' capital contributions, profits, capital gains, gains from asset disposal, intellectual property licensing fees, compensation or damages obtained in accordance with the law, and proceeds from liquidation in this municipality may be freely remitted in or out in RMB or foreign exchange in accordance with the law.

The wage income and other legal income of foreign employees of foreign-invested enterprises and employees from Hong Kong, Macao and Taiwan can be freely remitted out in accordance with the law. Foreign and Hong Kong, Macao and Taiwan talents employed by foreign-invested enterprises may apply the facilitation measures for foreign exchange business under the current account in accordance with the provisions of the state.

Article 22 The city shall strengthen administrative and judicial protection of intellectual property rights in the field of foreign investment.

The municipal intellectual property department shall, in conjunction with relevant departments, improve the rapid and coordinated protection mechanism for intellectual property rights and the diversified dispute resolution mechanism, and equally protect the intellectual property rights of foreign investors and foreign-invested enterprises.

The people's courts at all levels in this city shall accept, examine and make rulings on applications for property preservation, evidence preservation and behavioral preservation in cases involving foreign investment in intellectual property rights within the prescribed time limit. For those who intentionally infringe upon intellectual property rights and the circumstances are serious, punitive damages for infringement shall be applied in accordance with the law.

Article 23 The city shall strengthen the construction of government integrity and establish and improve the system for recording and punishing government dishonesty.

All levels of people's governments and their relevant departments in this municipality shall fulfill the policy commitments made to foreign investors and foreign-invested enterprises in accordance with the law, as well as the various types of contracts concluded in accordance with the law.

Where it is necessary to change policy commitments or contractual agreements due to national interests or public interests, such changes shall be made in accordance with the legal authority and procedures, and losses suffered by foreign investors and foreign-invested enterprises as a result shall be compensated in accordance with the law.

Article 24 The municipal and district people's governments and their relevant departments shall, in accordance with the principles of openness, transparency, efficiency and convenience, establish and improve the complaint handling mechanism for foreign-invested enterprises.

If foreign-invested enterprises or their investors believe that the administrative acts of administrative organs and their staff have infringed upon their legitimate rights and interests, they may apply for coordination and resolution through the complaint working mechanism for foreign-invested enterprises, or apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

The municipal Commerce Department shall formulate the management measures for complaints of foreign-invested enterprises, clearly stipulating the complaint methods, complaint handling time limits and other contents. The municipal investment promotion service agency shall handle complaints in accordance with the law. The people's governments of each district and the Management Committee of Beijing Economic-Technological Development Area shall clearly define the complaint acceptance institutions and do a good job in complaint acceptance within their respective regions in accordance with the law.

Article 25 The city shall establish and improve a multi-level and multi-form communication mechanism between the government and foreign-invested enterprises.

Municipal and district people's governments and their relevant departments shall, through regular symposiums, policy consultation meetings and other means, listen to the opinions of foreign-invested enterprises, chambers of commerce and associations, coordinate and solve problems, and improve policy measures. The municipal and district commerce departments should strengthen the overall coordination of cross-departmental and cross-regional demands. Relevant departments should promote the resolution in accordance with their respective duties and feed back the handling results to the municipal and district commerce departments. The specific measures shall be formulated by the municipal Commerce Department in conjunction with relevant departments.

Foreign investors and foreign-invested enterprises can reflect their relevant demands and suggestions through channels such as the 12345 enterprise service hotline and the foreign-invested enterprise demand collection system. Relevant departments shall promptly study and handle them.

Article 26 The city shall establish and improve a diversified dispute resolution mechanism featuring organic connection and mutual coordination among mediation, arbitration, administrative adjudication, administrative reconsideration and litigation, providing efficient and convenient dispute resolution channels for foreign investors and foreign-invested enterprises.

Article 27 The city supports commercial mediation organizations in conducting foreign-related commercial mediation and encourages international commercial mediation organizations to set up representative offices.

This city is promoting the construction of an international commercial arbitration center and encouraging overseas arbitration institutions to set up business units to carry out arbitration business in international commercial, investment and other fields.

Article 28 The city supports the construction of the Beijing International Commercial Court, improves the mechanism and system for foreign-related commercial trials, and gives full play to its function in trying foreign-related commercial cases. Courts at all levels in this city have lawfully carried out judicial transparency of foreign-related commercial cases, released typical cases of foreign-related intellectual property rights and foreign-related commercial affairs, and provided guidance for protecting the legitimate rights and interests of foreign investors.

Article 29 The city shall, in accordance with the principle of government leadership and multi-party participation, establish and improve the foreign investment service system, and guide professional institutions, chambers of commerce, associations, enterprises and other entities to participate in foreign investment service work through means such as planning guidance, purchasing services and policy incentives.

Article 30 The municipal market supervision department shall improve the procedures for the registration and filing of foreign-invested enterprises, work with relevant departments to establish a data connection and verification mechanism for the identity authentication of foreign investors and a mutual recognition mechanism for the qualifications of entities from different regions, and realize the entire process of the registration and filing of foreign-invested enterprises can be handled online. Relevant departments should cooperate with market supervision departments to do a good job in the identity verification of foreign investors.

Where a limited liability company or a joint stock limited company applies to change its type of domestic-funded or foreign-funded enterprise due to changes in shareholders or other reasons, the municipal or district market supervision departments shall register it in accordance with the law.

Article 31 The city promotes the entry of foreign investment government service matters into the government service center, implements comprehensive window acceptance, and provides standardized, convenient and efficient government services for foreign investors and foreign-invested enterprises.

The municipal government service department shall, in conjunction with relevant departments, compile a unified directory and implementation list of government service items for the entire city, determine the conditions, procedures and materials for accepting foreign investment government service items in accordance with the law, and make them public to the society.

The municipal government service department shall, in conjunction with relevant departments, improve the Beijing International version of the official website to provide integrated services for foreign investors and foreign-invested enterprises.

Article 32 The municipal government service department shall, in conjunction with relevant departments, build a city-wide integrated policy service platform. Relevant departments can rely on the platform to apply digital technologies to provide services such as policy release, policy push and policy implementation for foreign investors and foreign-invested enterprises.

Article 33 The departments and institutions of development and reform, commerce, and investment promotion services at the municipal and district levels shall establish and improve the service mechanism for key foreign investment projects, provide full-process services for project negotiation, signing, registration, operation, etc., and coordinate and solve problems in project advancement. They may adopt methods such as "service packages" and "service managers" Provide targeted service guarantees for the operation of foreign-invested enterprises.

Article 34 This municipality shall, in accordance with the law, promote the cross-border safe and orderly flow of data related to research and development, production and sales of foreign-invested enterprises. The municipal cyberspace administration department shall, in accordance with relevant state regulations, provide convenience for qualified foreign-invested enterprises to efficiently conduct security assessments of the export of important data and personal information. Support the data flow between foreign-invested enterprises and their headquarters. Explore the formation of a freely flowing general data list.

The China (Beijing) Pilot Free Trade Zone shall, in accordance with the law, formulate a list of important data that needs to be included in the exit management of this pilot free trade zone and file it with the relevant state departments for the record. Data processors within the experimental zone that provide data outside the data list to overseas entities may be exempted from applying for a data export security assessment, entering into a standard contract for the export of personal information, and obtaining personal information protection certification.

The municipal cyberspace administration department should improve the construction of the cross-border data service center to provide compliant services for the cross-border data flow of foreign-invested enterprises.

Article 35 The municipal human resources and social security department shall establish and improve the directory of recognized overseas professional qualifications and make dynamic adjustments, optimizing supporting measures. The Exit and Entry Administration department shall provide convenience for the relevant personnel of foreign-invested enterprises that meet the conditions for entry, exit, stay and residence.

Foreign-invested enterprises may apply to the human resources and social security department for independently conducting vocational skills level assessment. After being filed with the human resources and social security department, they can independently carry out the assessment. Those who meet the conditions for talent introduction in this city may apply for talent introduction. Relevant departments shall provide convenience for foreign-invested enterprises to introduce skilled talents.

Article 36 Foreign-invested enterprises may establish chambers of commerce and associations in accordance with the law and voluntarily join them. Chambers of commerce and associations shall carry out relevant activities in accordance with laws, regulations and their charters, safeguard the legitimate rights and interests of their members, and promote industry self-discipline.

This city encourages the establishment of foreign investment service institutions to provide market-oriented professional services such as investment environment assessment and industrial chain support for foreign investors and foreign-invested enterprises.

Article 37 Foreign investment shall comply with the industrial policies of this municipality. Where it is necessary to handle the approval and filing of investment projects, applications shall be made to the departments with the authority to approve and file foreign investment projects, such as the development and reform department, the Management Committee of Beijing Economic-Technological Development Area, the Management Committee of Beijing Sub-center, and the Management Committee of Beijing Daxing International Airport Economic Zone (Daxing), in accordance with the relevant regulations of the state and this municipality.

For projects subject to filing management, if foreign investors or foreign-invested enterprises have submitted all project information in accordance with national regulations, it shall be recognized as filing.

Article 38 This municipality shall implement the information reporting system for foreign investment in accordance with the law. Foreign investors or foreign-invested enterprises shall submit investment information to the Commerce Department through the enterprise registration system and the enterprise credit information public display system. The municipal and district commerce and market supervision departments shall provide guidance for foreign investors or foreign-invested enterprises to submit investment information.

The municipal and district commerce departments and other relevant departments should enhance information sharing. Information that can be obtained through channels such as the municipal government big data platform shall not be required to be repeatedly reported by foreign investors or foreign-invested enterprises.

Article 39 When conducting inspections on foreign-invested enterprises, the city shall implement the system of publicizing administrative law enforcement, follow the list of administrative inspection items, strengthen the overall planning of law enforcement inspection items, and avoid repetitive inspections.

Relevant departments should promote the classification and grading supervision of enterprise credit risks. For foreign-invested enterprises with low credit risks, the proportion and frequency of spot checks should be reduced, and on-site inspections may not be carried out proactively.

The relevant departments of the city shall, in accordance with the law, formulate a list of administrative penalty discretion benchmarks and a list of minor violations that will not be subject to administrative penalties, make them public and update them in a timely manner. Foreign-invested enterprises and domestic-funded enterprises shall apply the provisions of the list on an equal footing.

Article 40 This municipality shall implement the foreign investment safety review system in accordance with the law. Before making an investment, foreign investors or relevant domestic parties shall report to the relevant state departments within the prescribed scope of active reporting. The municipal development and reform department, in conjunction with relevant departments, cooperates in conducting safety review work.

Article 41 Where the people's governments at all levels and relevant departments of this municipality and their staff members have any of the following circumstances, they shall be held legally responsible:

(1) Formulating policies and measures closely related to the production and operation activities of market entities without conducting fair competition reviews or introducing discriminatory policies and measures against foreign-invested enterprises in violation of review standards;

(2) Illegally restricting foreign-invested enterprises from participating equally in the formulation and revision of standards;

(3) Illegally restricting the inflow and outflow of funds by foreign investors;

(4) Failing to fulfill policy commitments made to foreign investors and foreign-invested enterprises in accordance with the law, as well as various types of contracts concluded in accordance with the law, or changing policy commitments and contract agreements due to national interests or public interests, and failing to compensate for the losses of foreign investors and foreign-invested enterprises in accordance with the law;

(V) Other acts in violation of laws and regulations.

Article 42 Where the investment activities of foreign investors violate the provisions of the negative list for foreign investment access, they shall bear corresponding legal responsibilities in accordance with the provisions of the Foreign Investment Law of the People's Republic of China.

Where foreign investors or foreign-invested enterprises fail to submit investment information in accordance with the requirements of the foreign investment information reporting system, the Commerce Department shall order them to make corrections within a prescribed time limit. If the correction is not made within the prescribed time limit, the case will be transferred to the market supervision department for legal punishment.

Article 43 Investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan region, as well as Chinese citizens residing abroad who invest in this city, shall follow these regulations. Where there are provisions in laws, administrative regulations or by The State Council, such provisions shall prevail.

Article 44 This Regulation shall come into effect as of July 1, 2024.