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Foreign Investment Industry Catalogue: New Revisions & Alignment with National Development Strategy

The new guidance catalogue has re-defined the industries for foreign investment. FIE regulations are more closely aligned with the PRC government's evolving national economic development policy.

Date: December 2007

Keywords (click to search): [Foreign investment enterprise] [FIE] [foreign investment company] [inbound investment in China] [National Development and Reform Commission] [NDRC] [Ministry of Commerce] [MOFCOM] [industrial guidance catalogue]

By Thomas Y. Man, Yan Zeng & Jing (Jean) Sun of Orrick, Herrington & Sutcliffe LLP

A policy realignment of sorts took effect on December 1 2007, under the newly revised version of the Foreign Investment Industrial Guidance Catalogue (Amended 2007) (Õ,ÃÕð"µ÷µø¬(2007Í­ð©)), which was jointly issued on October 31 2007 by the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM). This marks the fourth revision to the Foreign Investment Industrial Guidance Catalogue since its first promulgation in 1995 (the previous revisions occurred in 1997, 2002, and 2004 respectively).

POLICY OBJECTIVES

An official NDRC news release1 has summarized the policy objectives of the 2007 Catalogue as follows:

1) To upgrade China's industrial structure by encouraging investment projects that use new and high technologies and new materials, and by reducing support for investment in the manufacturing sector using traditional technologies;

2) To enhance resource conservation...

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