Chapter IGeneral Provisions
Article 1 To promote foreign investment, protect the legitimate rights and interests of foreign investors, standardize the administration of foreign investment, continuously optimize the foreign investment environment, and promote the opening-up of Shenzhen Special Economic Zone at a higher level, these Regulations are formulated in accordance with the foundational principles specified in the Foreign Investment Law of the People’s Republic of China, the Implementation Rules on the Foreign Investment Law of the People’s Republic of China and other relevant laws and administrative regulations and in light of the specific circumstances in Shenzhen Special Economic Zone (hereinafter referred to as the special zone).
Article 2 These Regulations shall apply to foreign investment and its promotion, protection, administration and services within the special zone.
Article 3 On the premise of openness, cooperation, fair competition, stability, transparency, freedom and convenience, the system for foreign investment administration based on pre-establishment national treatment and the negative list for foreign investment shall be implemented so as to encourage foreign investors to increase investment in the special zone and form a new paradigm of all-round opening up.
Article 4 The municipal and district people’s governments shall strengthen leadership in foreign investment, formulate relevant measures to promote and facilitate foreign investment, implement the national security review system for foreign investment, and address major issues in foreign investment in a holistic and coordinated manner.
The commerce authority and other relevant authorities shall be responsible for the promotion, protection and administration of and services for foreign investment in accordance with their respective duties.
Article 5 The municipal and district people’s governments shall establish a well-functioning service mechanism to protect the rights and interests of foreign-invested enterprises, and provide such services as business guidance, policy interpretation, investment counseling and complaint resolution for foreign-invested enterprises.
Article 6 The municipal and district commerce authorities shall innovate the way of promoting investment, step up efforts to publicize the favorable investment environment in this municipality, and promote foreign investment by hosting investment fairs and trade fairs.
The municipal and district commerce authorities shall encourage all districts to promote foreign investment in light of their advantages and industrial characteristics.
Article 7 The municipal commerce authority shall, together with the municipal foreign affairs authority, advance holistic administration, guidance and services when promoting foreign investment in this municipality abroad.
The municipal commerce authority shall increase communication and cooperation with international sister cities, friendship organizations and other overseas cities and regions in investment and trade, and with investment promotion offices established by overseas organizations in Shenzhen.
The municipal commerce authority shall encourage foreign-invested enterprises and overseas Chinese entrepreneurs to promote the business environment and industrial policy of this municipality abroad.
Article 8 It is encouraged that foreign-invested enterprises increase investment and expand production capacity. Investment in research and development shall be increased, so as to accelerate technological and industrial upgrading.
Chapter IIInvestment Access
Article 9 The municipal and district commerce authorities shall, based on the characteristics of the municipal industrial layout and the strategic positioning of each district, strengthen the leadership in macro-planning for foreign investment, expand the scale and improve the quality of foreign investment utilization.
Article 10 The negative list for foreign investment shall be implemented lawfully. It is prohibited to formulate restrictive or prohibitive measures on foreign investment other than the negative list for foreign investment issued by the state.
Qianhai & Shekou Area of Shenzhen shall be subject to the negative list for pilot free trade zones issued by the state.
Article 11 In areas that are not included in the negative list for foreign investment, foreign investment shall be subject to the same policies for domestic investment. Foreign investors and Chinese-invested enterprises shall be subject to the same requirements.
For the permitted items specified in the negative list for market access issued by the state, foreign investors shall submit applications first and relevant authorities shall decide whether to grant access according to relevant laws and rules.
Article 12 Foreign investors shall be encouraged and guided to invest in those fields specified in the Catalogue of Encouraged Industries for Foreign Investment and key development areas of this municipality, such as advanced manufacturing, emerging industries, high-tech, energy conservation and environmental protection.
Chapter IIIInvestment Facilitation
Article 13 The municipal commerce authority shall, together with other relevant authorities, encourage foreign investors to set up regional headquarters and various functional institutions of multinational companies in the special zone by optimizing capital, talent, logistics and customs clearance policies, and support them in agglomerating their business, expanding functions, and upgrading to Asia-Pacific or global headquarters.
The municipal commerce authority shall encourage foreign investors to set up investment companies for lawful investment activities. Convenience shall be offered for their equity transactions and capital transfer.
Article 14 The municipal and district people’s governments shall, within their statutory authority, formulate preferential investment policies in terms of fee reduction, land use and public service for foreign-invested projects that will significantly contribute to employment, economic development and technological innovation, and implement preferential treatment in terms of finance, taxation, finance and land use in accordance with the law.
Article 15 The municipal authorities of commerce, urban planning and natural resources, and housing and construction shall establish a well-functioning classified and graded administration mechanism for industrial housing, strengthen coordinated guidance for industrial housing for foreign-invested enterprises, and ensure reasonable expectations for industrial housing by foreign-invested enterprises.
Article 16 It is encouraged to establish clusters of foreign-invested enterprises in key industrial areas and introduce major foreign-invested projects.
The authorities of science, technology and innovation, urban planning and natural resources, and housing and construction shall standardize industrial park management according to their respective duties, promptly annul unreasonable regulations and stop practices that target at foreign-invested enterprises, and ensure equal preferential policies and convenient services for foreign-invested enterprises in industrial parks as those for Chinese-invested enterprises.
Article 17 It is encouraged that banking and financial institutions increase the application of financial technology, provide convenient foreign payment, payment collection and electronic settlement services for foreign-invested enterprises to explore and implement measures to facilitate foreign exchange purchasing by foreign workers with their salaries, and build a bank settlement system where both local and foreign currencies are acceptable.
Article 18 It is encouraged that financial institutions support foreign-invested enterprises in cross-border financing with local and foreign currencies in accordance with the national cross-border financing management policies. Foreign-invested enterprises may apply for registration, change and cancellation of the basic information of domestic direct investment in banks within the specified areas.
Article 19 If foreign investors and foreign-invested enterprises apply for government services related to their business activities but relevant people cannot be present or cannot provide the original documents on the spot due to special reasons, relevant authorities or institutions may provide services as follows:
(1) If a person overseas is required to present on site, an alternative such as online processing can be adopted;
(2) If an overseas certificate, license or another certification document is required, a notarized or certified document can also be accepted.
Chapter IVRights and Interests Protection
Article 20 The municipal and district people’s governments and relevant authorities shall treat foreign-invested enterprises equally according to the law in such aspects as land supply, tax reduction or exemption, qualification licensing, project application, professional title evaluation, employment, human resources management, government procurement, and response to natural disasters and public health emergencies.
Article 21 The municipal and district people’s governments and relevant authorities shall equally protect the intellectual property rights of foreign investors and foreign-invested enterprises in accordance with the law. A cross-regional and cross-departmental mechanism for rapid and coordinated protection of intellectual property rights and a system for safeguarding administrative law enforcement related to intellectual property rights shall be established to deal with infringements on the intellectual property rights of foreign investors and foreign-invested enterprises in accordance with the law.
The municipal and district people’s courts shall timely accept and review applications submitted by foreign investors and foreign-invested enterprises for property preservation, evidence preservation and act preservation involving intellectual property rights. If the circumstances of intentional infringement on intellectual property rights are serious, punitive damages shall be applied according to the law.
Article 22 It is encouraged that foreign investors and foreign-invested enterprises engage in technical cooperation with higher learning institutions, scientific research institutions, industry associations and other enterprises on the basis of voluntariness and commercial rules. The conditions for technical cooperation, such as liability for technical infringement and ownership of upgraded technology, shall be determined by relevant parties concerned through consultation on an equal and lawful basis. Where laws provide otherwise, such provisions shall prevail.
Article 23 Efforts shall be made to ensure that foreign-invested enterprises equally join the formulation and revision of local standards in accordance with the law. When local standards that are closely related to the business activities of foreign-invested enterprises are formulated, the opinions of foreign-invested enterprises shall be referred to. In addition, translations or abstracts of draft standards for comment in English or another language may be provided if necessary.
It is encouraged that foreign-invested enterprises formulate world-class enterprise standards higher than the relevant technical requirements of recommended standards and incorporate scientific and technological innovation outcomes into enterprise standards.
Foreign-invested enterprises may recommend their own experts in relevant fields to join various professional standardization technical committees of this municipality. Experts from foreign-invested enterprises shall be encouraged and supported to join national or provincial professional standardization technical committees.
Article 24 Local rules, regulations and normative documents related to foreign investment shall be formulated. The authorities that draft such rules, regulations and normative documents shall, in light of the specific circumstances, solicit opinions in writing or organize symposiums to consult foreign-invested enterprises, relevant chambers of commerce and industry associations, and establish an effective mechanism for feedback on the opinions and suggestions that have been adopted.
During the formulation of normative documents closely related to the business activities of foreign-invested enterprises, a necessary period of adaptation shall be granted to foreign-invested enterprises, except that the state has otherwise stipulated or failure for the normative documents to take effect immediately after promulgation will hinder their implementation.
When promulgating local rules, regulations and normative documents closely related to foreign investment, relevant functional authorities shall take reasonable measures to publicize and interpret them. Corresponding translations in English or another language may be provided according to the actual circumstance.
Article 25 The municipal commerce authority shall, in conjunction with relevant authorities, analyze current rules, regulations and normative documents concerning foreign investment in this municipality according to the new situation and new requirements, and put forward suggestions for modification to relevant authorities in accordance with relevant procedures if they may hinder the promotion of foreign investment or the protection of the legitimate rights and interests of foreign investors.
Article 26 The municipal commerce authority shall respond to complaints from foreign-invested enterprises and their investors, especially those involving municipal powers, having a significant impact, transferred by higher authorities or involving cross-district foreign investment, and regularly report the results.
District people’s governments shall designate the authorities to accept complaints from foreign-invested enterprises within their jurisdiction and those forwarded by the municipal commerce authorities.
If a foreign-invested enterprise or its investor considers that the administrative act of an authority in this municipality or its staff member infringes on its legitimate rights or interests, it may apply for settlement in accordance with relevant national regulations on the mechanism for complaints from foreign-invested enterprises, or apply for administrative reconsideration or bring an administrative lawsuit according to the law.
Article 27 The authorities that handle complaints from foreign-invested enterprises shall strive to promote online complaint handling in the whole process and promote cross-region, cross-department and cross-level data sharing and collaboration in handling complaints from foreign-invested enterprises.
The complainant shall submit written materials about his complaint in accordance with relevant regulations. If such materials are not complete, the authority that handles complaints from foreign-invested enterprises shall, within five working days after receiving such materials, notify the complainant only one time of other necessary materials that shall be supplemented in writing within 15 working days.
The authority that handles complaints from foreign-invested enterprises shall decide whether to accept the complaint or not within five working days after receiving all necessary materials. If it decides to accept the complaint, it shall decide how to deal with the complaint within 20 working days after it has decided to accept the complaint. If the matter is complicated and needs to be postponed, it shall decide how to deal with the complaint within 50 working days after it has decided to accept the complaint and inform the complainant of the reason for delay. If the complaint is not accepted, it shall issue a notice on deciding not to accept the complainant to the complainant within five working days and specify the reason for rejection.
Article 28 It is encouraged to establish a well-functioning international alternative dispute resolution mechanism for reconciliation, mediation, arbitration, administrative adjudication, administrative reconsideration and litigation, so as to provide foreign investors and foreign-invested enterprises with convenient and efficient dispute resolution.
It is encouraged to improve the joint mediation mechanism for commercial disputes to leverage the roles of foreign mediators and mediators from Hong Kong, Macao and Taiwan in foreign-related disputes, and promote the efficient resolution of foreign-related commercial disputes.
It is encouraged that arbitration institutions explore mechanism innovation, refer to international commercial arbitration practices, improve arbitration rules compatible with foreign investment in accordance with the law, realize world-class commercial dispute arbitration, and provide independent, impartial, professional and efficient arbitration services.
Chapter VGovernment Services
Article 29 The municipal and district people’s governments shall establish a foreign investment promotion service system led by the government and involving the joint participation of professional institutions, chambers of commerce, associations and enterprises, so as to provide comprehensive and precise investment promotion services for foreign investors and foreign-invested enterprises.
The municipal commerce authority shall, through the foreign investment promotion service information platform, summarize foreign investment policies, list relevant laws, rules, regulations, normative documents, policies, measures and information about investment projects on the platform, and provide foreign investors and foreign-invested enterprises with counseling and project pairing services.
Article 30 The municipal and district commerce authorities shall, together with other relevant authorities, compile and issue guidelines on foreign investment regularly and update them timely.
The guidelines on foreign investment shall include an overview of the economic and social development of this municipality, key regions, investment environment (including advantageous areas), guidelines for foreign investors, information about investment promotion projects and relevant data and information.
Article 31 The municipal and district commerce authorities shall strive to realize the standardized provision of government services for foreign investment, compile and publish the catalogs of municipal and district government services for foreign investment and relevant guidelines.
The guidelines shall clarify the following issues about government services:
(1) Handling requirements and procedures;
(2) List of necessary materials;
(3) Requirements for handling without all necessary materials;
(4) Relevant procedures and time limits;
(5) Charges;
(6) Contact information;
(7) Complaint channel.
Article 32 The municipal commerce authority may entrust a third-party professional institution for a special assessment of the foreign investment environment in this municipality on a regular basis, and publish the assessment report to the public.
Article 33 The municipal commerce authority shall establish an effective service system for major foreign-invested projects, improve the tracking mechanism for major foreign-invested projects, implement ledger management and offer whole-process tracking services. For projects included in the list of major foreign-invested projects, holistic administration shall be advanced to promote access, planning, land use, environmental protection, energy use, construction and foreign exchange by setting green channels, so as to support project construction and development.
Article 34 The municipal and district people’s governments may issue incentive measures to promote investment. Performances in investment promotion and services shall be taken into account in the assessment for granting incentives.
The municipal and district people’s governments shall encourage all relevant social organizations, investment agencies and foreign-invested enterprises to introduce foreign-invested projects in line with the municipal and district industrial development planning. All districts may get incentives according to the actual performances of the projects that are introduced.
Article 35 Foreign investors shall be encouraged to set up research, development and innovation centers, foreign-funded research and development headquarters and open innovation platforms, so as to support foreign-invested enterprises in strengthening independent research and development. Efforts shall also be made to encourage multinational corporations to establish joint research and development institutions with other enterprises, higher learning institutions and scientific research institutions for research and development cooperation. It is encouraged that overseas world-renowned enterprises, higher learning institutions and research institutions set up branch offices in Shenzhen and enjoy relevant preferential policies, so as to promote the deployment of major scientific and technological outcomes.
Large scientific research equipment, facilities and major scientific and technological infrastructure under unified administration on the open and sharing service platform for scientific research facilities and equipment in this municipality shall be equally open to and shared with foreign-invested enterprises in accordance with relevant regulations of this municipality on promoting the sharing and management of large scientific instruments and equipment. Foreign-invested enterprises shall have the right to equally join the construction of the municipal public research and development platform, projects under the government plan for scientific and technological development and application for being rated as key laboratories, and enjoy supporting policies.
The municipal and district science, technology and innovation authorities shall provide foreign-invested enterprises with training, counseling and services about the policy of identifying new high-tech enterprises, and support qualified foreign-invested enterprises in applying for being rated as new high-tech enterprises.
Article 36 The municipal and district commerce authorities shall strengthen the training of foreign-related business professionals, intensify the training on foreign investment promotion, regularly organize foreign investment promotion, protection and management training, and improve the competence of those who engage in foreign investment promotion.
Article 37 The municipal and district people’s governments and relevant authorities shall establish a well-functioning mechanism for government-enterprise communication for foreign-invested enterprises, extensively consult foreign-invested enterprises through regular consultation and hotline calling, provide whole-process services for major projects and key enterprises, track the whole processes of project negotiation, signing, registration and operation, and timely understand and address issues related to their business activities.
Article 38 The municipal authorities of commerce and market regulation shall provide counseling for foreign investors or foreign-invested enterprises in submitting investment information in accordance with the national foreign investment information reporting system. Foreign investors and foreign-invested enterprises shall not be required to submit investment information that can be obtained through information sharing among different authorities. Foreign investors and foreign-invested enterprises shall not be required to submit information unrelated to foreign investment. Submission of investment information shall not be used as a prerequisite for foreign investors and foreign-invested enterprises to apply for enterprise registration or other services.
Article 39 The municipal and district justice authorities shall encourage and guide professional legal service institutions to provide legal services such as legal consulting, contract review, protection of intellectual property rights, equity design, financing, taxation, labor, employment and foreign-related disputes for foreign investors and foreign-invested enterprises.
For foreign-invested enterprises that have been incorporated and maintained their original organizational form in accordance with the Law of the People’s Republic of China on Sino-Foreign Joint Ventures, the Law of the People’s Republic of China on Foreign-Funded Enterprises, and the Law of the People’s Republic of China on Sino-Foreign Cooperative Ventures, the municipal and district commerce authorities may provide special legal counseling services for the transitional period to ensure that they can successfully complete the transformation and transition of the organizational form.
Article 40 Shenzhen Municipal People’s Government and relevant authorities shall use modern information technologies such as artificial intelligence, big data and mobile Internet to provide inclusive, intelligent and convenient legal risk self-testing service for foreign-invested enterprises, and support and guide foreign-invested enterprises in improving their compliance management systems.
Article 41 The customs shall, in accordance with relevant national requirements for facilitating cross-border trade, optimize the entire business process of customs clearance, construct the international trade single window and improve customs clearance efficiency. By providing credit improvement services, the customs shall guide qualified foreign-invested enterprises to apply for being rated as certified operators in accordance with relevant international treaties and national regulations on managing the credit of customs enterprises, and provide corresponding support in customs clearance.
Article 42 It is encouraged that foreign-invested enterprises attract high-level foreign professionals. Convenient exit and entry policies shall be offered to high-level foreign professionals in terms of investment, entrepreneurship, academic exchanges, and economic and trade activities.
It is encouraged to optimize the review process for foreigners’ work permits and work residence permits in China, and design convenient policies for visa, settlement, medical care, social security, taxation, housing and children’s education for qualified foreign professionals.
Article 43 In areas that are not directly related to public security or people’s lives and health, and where risks are controllable, a recognition list system for international vocational qualification certificates shall be established. International professionals who have obtained corresponding overseas professional qualifications or certifications from recognized international professional organizations can work after their capabilities have been identified or recorded by relevant competent authorities.
Chapter VISupplementary Provisions
Article 44 For Chinese citizens from Hong Kong Special Administrative Region, Macao Special Administrative Region or abroad that invest in the special zone, these Regulations shall apply by reference.
For investors from Taiwan who invest in the special zone, national laws and administrative regulations on the protection of investment by Taiwan compatriots shall apply. Matters not provided for in national laws or administrative regulations on the protection of investment by Taiwan compatriots shall be subject to these Regulations by reference.
Article 45 If the state or Guangdong Province has more convenient or preferential provisions on the business activities of foreign investors and foreign-invested enterprises, such provisions shall apply.
Article 46 These Regulations shall enter into force as of November 1, 2022.
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