Together with the economic rise of China in recent years and its new role of a leading economic power in the world, the investment activities of Chinese companies abroad has gained tremendous importance and is an essential factor for international competitiveness. But the performance of outbound direct investments underlies an unique regulatory system according to Chinese law which is characterized by a wide range of legal provisions and a variety of different authorities. This often results in disadvantages for Chinese companies in bidding procedures compared to Western competitors.
However, the Chinese government has recognized, in recent years, the increasing importance of outbound direct investments for China's economic position, and changed the regulatory system, which existed for over 30 years, in a significant way. The purpose of this thesis lies in analyzing the current regulatory system, identifying the progress noted in comparison to the former regime, elaborating the pros and cons and giving improvements for the future.
Table of Contents
CHAPTER I INTRODUCTION
CHAPTER II THE “GOING OUT” STRATEGY IN DETAIL
2.2.1 Cross-Border Direct Investments in Renminbi
2.2.2 Cross-Border Securities Investment
CHAPTER III THE PRC’S REGULATORY PROCEDURES FOR OUTBOUND INVESTMENTS
3.1 HISTORICAL BACKGROUND
3.2 REASONS FOR THE REGULATION OF OUTBOUND INVESTMENTS
3.3 DESCRIPTION OF THE APPROVAL / FILING PROCEDURES
3.3.1 State Council / National Development and Reform Commission (“NDRC”)
3.3.2 Ministry of Commerce (“MOFCOM”)
3.3.3 State Administration of Foreign Exchange (“SAFE”)
3.3.4 State-Owned Assets Supervision and Administration Commission (“SASAC”)
3.3.5 China Securities Regulatory Commission (“CSRC”)
3.3.6 Rules on Outbound Direct Investment for Natural Persons
3.3.7 Further Provisions / Industry-Specific Rules for Outbound Direct Investment
CHAPTER IV PROS AND CONS OF THE CHINESE REGULATORY SYSTEM
CHAPTER V SUMMARY AND CONCLUSION
Research Objectives & Topics
This thesis analyzes the current regulatory framework governing outbound investment transactions by Chinese investors. It examines the historical development of these regulations, compares the current system to previous regimes, identifies advantages and disadvantages, and provides recommendations for future improvements to support the "Going Out" strategy.
- Historical development of Chinese outbound investment regulations.
- Regulatory roles of key authorities like NDRC, MOFCOM, and SAFE.
- Impact of the shift from an approval-based to a filing-based system.
- Competitive implications for Chinese firms in international bidding processes.
- Challenges related to multi-agency oversight and capital control policies.
Excerpt from the Book
3.3.1.1 Role of the State Council and NDRC in Outbound Investments
The State Council (国务院) is the executive body of the supreme organ of state power and hereby the chief administrative authority of the PRC. It is chaired by the Premier and meets once every six months. The State Council is formally responsible to the National People’s Congress (NPC) and its Standing Committee in conducting a wide range of government functions both at the national and at the local levels, and nominally acts by virtue of the NPC's authority. Among the most important functions and powers of the State Council are:
(i) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and other laws;
(ii) to submit proposals to the NPC or its Standing Committee;
(iii) to formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions.
The State Council’s areas of administration are organized in different governmental departments and agencies. Among them, the above mentioned NDRC, MOFCOM, SAFE, SASAC and CSRC are relevant for the procedure of outbound investments. Only under the condition that the amount of the proposed outbound investment exceeds a certain limit, the State Council has to be directly involved.
Summary of Chapters
CHAPTER I INTRODUCTION: Introduces the "Going Out" strategy, its political origins, and the focus of the thesis on the legal regulatory system for Chinese outbound investments.
CHAPTER II THE “GOING OUT” STRATEGY IN DETAIL: Discusses the economic context, the rise of M&A activity, and the political background of China’s global investment expansion.
CHAPTER III THE PRC’S REGULATORY PROCEDURES FOR OUTBOUND INVESTMENTS: Provides a comprehensive, detailed analysis of the legal framework, historical shifts, and specific procedural requirements mandated by various regulatory bodies.
CHAPTER IV PROS AND CONS OF THE CHINESE REGULATORY SYSTEM: Evaluates the effectiveness, complexities, and impacts of the regulatory regime on Chinese enterprises compared to international competitors.
CHAPTER V SUMMARY AND CONCLUSION: Summarizes findings and offers concluding thoughts on the necessity of continued reform for a more business-friendly investment environment.
Keywords
Outbound Investment, Going Out Strategy, Regulatory System, NDRC, MOFCOM, SAFE, SASAC, CSRC, Foreign Direct Investment, M&A, Capital Control, Renminbi, Investment Approval, Recordation System, Cross-Border Transactions
Frequently Asked Questions
What is the core subject of this thesis?
The thesis examines the legal regulatory framework governing outbound direct investment (ODI) by Chinese investors and how this system has evolved over time.
What are the primary thematic areas covered?
It covers the political "Going Out" strategy, the procedural requirements of major Chinese regulatory bodies, foreign exchange controls, and the competitive impacts on Chinese companies.
What is the primary objective of this work?
The goal is to analyze the current regulatory system, assess the progress of recent reforms, and elaborate on the benefits and drawbacks for Chinese investors.
Which scientific methodology is applied?
The research is based on legal analysis of Chinese statutes, regulations, and administrative measures, complemented by an expert interview for practical context.
What is treated in the main part?
The main part focuses on the specific filing and approval procedures mandated by regulators like the NDRC, MOFCOM, SAFE, SASAC, and CSRC.
Which keywords characterize the work?
Key terms include Outbound Investment, Going Out Strategy, NDRC, MOFCOM, and various aspects of the Chinese regulatory oversight process.
How does the "Going Out" strategy impact Chinese firms in international bidding?
The regulatory requirements often cause time delays and uncertainty, which may necessitate a "Chinese Premium" in tender prices to mitigate the risk of failed transactions.
Does the new filing system effectively replace the old approval system?
While the shift to a record-filing system significantly streamlines processes, many of the same material review standards remain, and some projects still require strict verification and approval.
- Quote paper
- Markus Fisch (Author), 2016, Regulatory Procedures of Outbound Transactions by Chinese Investors, Munich, GRIN Verlag, https://www.grin.com/document/358059
