The first administrative regulation on outbound investment will officially come into effect on July 1st
2026-06-02
The reporter learned from the Ministry of Justice today that the highly anticipated "Regulations of the State Council on Foreign Investment" (hereinafter referred to as the "Regulations") will officially come into effect on July 1, 2026. As the first administrative regulation in China's field of foreign investment, the introduction of this high-level legislation marks a crucial step forward in the construction of China's foreign-related rule of law, providing a solid institutional guarantee for high-level opening-up in the new development stage. With the deep integration of China's economy into the world economy, the stock of foreign direct investment has exceeded 3 trillion US dollars, and domestic investors have established more than 50000 enterprises overseas, covering 190 countries and regions. Faced with the complex situation of accelerating changes over the past century and rising geopolitical risks, the management system that was previously scattered in departmental regulations and normative documents is no longer suitable for practical needs. The relevant person in charge of the Ministry of Justice pointed out that the formulation of the "Regulations" is an important measure to implement the Third and Fourth Plenary Sessions of the 20th Central Committee of the Communist Party of China on improving the management and service system for foreign investment and effectively implementing the decision-making and deployment of foreign investment management. It is an urgent need to coordinate development and security, and promote high-quality development of foreign investment. It is a major legal practice for China to firmly expand opening up and promote economic globalization towards a more open, inclusive, balanced, and win-win direction. It has milestone significance in the development process of foreign investment in China. The Regulation has a total of 34 articles, establishing the overall idea of "coordinating development and security, and coordinating domestic and international" in foreign investment work. While clearly adhering to the basic national policy of opening up to the outside world, the "Regulations" emphasize that the state supports investors to carry out foreign investment in accordance with market-oriented principles, enjoy autonomy in accordance with the law, make independent decisions, bear risks, and be responsible for their own profits and losses. In response to the pain points faced by enterprises in "going global", the "Regulations" have established a comprehensive service and protection system. The country has established a comprehensive overseas service system, improved public platforms, and coordinated resources in foreign affairs, law, finance, and taxation; At the same time, establish a full chain protection mechanism from pre event to post event, effectively safeguarding the legitimate rights and interests of investors through monitoring and early warning, consular protection, and encouraging diversified dispute resolution. In terms of regulating the management of foreign investment, Article 12 of the Regulations specifies that if investors need to complete procedures such as approval and filing, information reporting, and cross-border fund registration in accordance with the law when carrying out foreign investment activities, they should handle them in accordance with relevant national regulations, mainly to connect with the current overseas investment management system. Meanwhile, Article 33 of the Regulations clearly stipulates that the specific management measures for individual Chinese residents' outward investment shall be separately formulated by the National Development and Reform Commission and the Ministry of Commerce. In addition, this clause also specifies that investments in China's overseas financial markets shall be executed in accordance with this regulation and relevant national regulations. This confirms the policy continuity and stability of mature cross-border securities investment channels such as the Hong Kong Stock Connect, QDII, and QDLP. Domestic residents can still conveniently conduct overseas securities investment through the existing channels mentioned above. Faced with the increasing number of discriminatory measures and investment barriers internationally, the Regulations have also prepared a legal "toolbox". The Regulation specifies that relevant departments of the State Council may take corresponding countermeasures against discriminatory prohibitions and restrictions imposed by relevant countries (regions), or against foreign organizations or individuals unreasonably depriving Chinese investors of their legitimate rights and interests. Experts point out that these measures are defensive rather than offensive, aimed at responding to the uncertainty of the external environment with legal certainty, and resolutely safeguarding national sovereignty, security, and development interests. While strengthening services and protection, the Regulation also puts forward clear compliance requirements for investors. The country will improve the management system for foreign investment, perfect regulatory measures, implement full process supervision through classification and grading, and promote the organic unity of investment facilitation and risk prevention and control. The Regulation sets clear legal responsibilities for behaviors that disrupt market order and harm national interests, aiming to guide enterprises to establish compliance awareness and enhance international competitiveness. It is reported that relevant departments are currently intensively carrying out publicity, interpretation, and supporting system formulation work to ensure the smooth implementation of this important administrative regulation. (Looking into the New Era)
Edit:Shenchen Responsible editor:Linian
Source:legaldaily
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