ODI Filing or Approval Requirements in China
According to the relating PRC laws and regulations, overseas direct investment (ODI) conducted by Chinese enterprises are subject to approval or filing procedures with the National Development and Reform Commission (NDRC) or its local branches and Ministry of Commerce (MOFCOM) or its local branches before the investment is made, which aims to ensure the legal and compliant remittance of investment funds.
The Chinese enterprise shall be subject to approval or filing procedures depending on the type of ODI and type of domestic enterprise involved. The detailed requirements are as follows:
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Type of ODI
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Type of Domestic Enterprise
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MOFCOM
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NDRC
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ODI involving sensitive countries or regions, sensitive industries
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Regardless of central enterprise or local enterprise
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Approval by MOFCOM
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Approval by NDRC
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Non-sensitive ODI
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Central enterprise
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Filing with MOFCOM
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Filing with NDRC
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Local enterprise, the investment amount of Chinese investor is USD300 million or above
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Filing with local branch of MOFCOM
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Filing with NDRC
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Local enterprise, the investment amount of Chinese investor is less than USD300 million
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Filing with local branch of MOFCOM
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Filing with local branch of NDRC
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