In the field of investment, the FDI (Foreign Direct Investment) filing of the Dynamic Incentive Plan in February is an important legal procedure. It not only regulates the process of foreign investment, but also provides legal protection for investors. This article will analyze the relevant content of FDI filing in detail, including its legal basis, applicable projects, the difference between the approval system and the filing system, and the handling of project changes.
The legal basis for FDI filing is the Administrative Measures for the Approval and Filing of Foreign Investment Projects (Order No. 12). The regulations apply to all types of foreign investment projects, such as Sino-foreign joint ventures, Sino-foreign cooperation, wholly foreign-owned enterprises, foreign-invested partnerships, foreign mergers and acquisitions of domestic enterprises, capital increase and reinvestment projects of foreign-invested enterprises, etc.
The FDI filing mode and the ODI filing model are divided into two modes: the approval system and the filing system. Among them, the approval system is applicable to the following situations: () encouraged projects with a total investment of US$300 million or more required by the Chinese party in the Catalogue for the Guidance of Foreign Investment Industries, or restricted projects with a total investment of US$50 million or more; () Real estate projects and other restricted projects with a total investment of less than US$50 million in the Catalogue for the Guidance of Foreign Investment Industries; () Foreign-invested projects other than those specified in the preceding two provisions are listed in items 10 to 10 of the Approved Catalogue; () Projects approved by the local government.
For projects that need to go through the approval system, if there is a change in the project location, investor or equity, or the main construction content, or if the relevant laws, regulations and industrial policies need to be changed, it is necessary to apply to the original approval authority for change. It should be noted that if the approved project falls within the scope of filing management after the change, it shall be handled in accordance with the filing procedures; If the project to be filed falls within the scope of approval management after the change, it shall be handled in accordance with the approval procedures.
After FDI filing, the project approval and filing authorities at all levels shall earnestly perform their approval and filing duties, improve supervision, management and services, improve administrative efficiency, and do a good job in the information disclosure of project approval and filing in accordance with relevant regulations. At the same time, the National Development and Reform Commission should work with local development and reform departments to establish and improve the electronic information system for the management of foreign investment projects, so that foreign investment projects can be inquired and supervised, and the level of supervision during and after the event is improved.
FDI filing is a complex and important legal procedure, which provides legal protection for foreign investment in China and injects new vitality into China's economic development. How to better implement FDI filing, improve the efficiency of approval, and ensure the rights and interests of investors is still worthy of our in-depth study and development. What are your thoughts on this?