China: Investing

FDI in Figures

Global foreign direct investment (FDI) flows in 2021 were UDS 1.58 trillion, up 64 per cent from the exceptionally low level in 2020. The recovery showed significant rebound momentum, with booming merger and acquisition (M&A) markets and rapid growth in international project finance because of loose financing conditions and major infrastructure stimulus packages. However, the global environment for international business and cross-border investment changed dramatically in 2022. The war in Ukraine – on top of the lingering effects of the pandemic – is causing a triple food, fuel and finance crisis in many countries around the world. Investor uncertainty could put significant downward pressure on global FDI in 2022. The 2021 growth momentum is unlikely to be sustained. Indeed, world flows in the second quarter of 2022, the latest data available, were down 31% from the first quarter and 7% less than the quarterly average of 2021 (UNCTAD Global Investment Trends Monitor, October 2022). The negative trend reflects a shift in investor sentiment due to the food, fuel and finance crises around the world, the Ukraine war, rising inflation and interest rates, and fears of a coming recession. Expectations for the full year are for a marked slowdown. In developing Asia, despite successive waves of COVID-19, FDI rose to an all-time high for the third consecutive year, reaching $619 billion. Asia is the largest recipient region, accounting for 40 per cent of global FDI. However, inflows remain highly concentrated; six economies account for more than 80 per cent of FDI to the region (UNCTAD, October 2022).

According to the World Investment Report 2022 published by UNCTAD, FDI inflows into China actually increased by 5.74% in 2020, to USD 149.34 billion, up from USD 141.22 billion in 2019 before a further increase to 180.95 billion USD in 2021. This was also the result of successful pandemic containment measures and rapid recovery. The stock of FDI in 2020 reached USD 1 918 billion, an exponential growth when compared to 2010 when the stock was USD 587 billion, before reaching 2 064 billion USD in 2021. The service sector led growth, accounting for more than 70% of inflows; FDI accelerated especially in technology-related industries. With the aim of boosting investment, the government expanded the number of industries open to FDI, lifted restrictions on foreign investment in key industries and amended the negative list for foreign investment in pilot free trade zones, which increased by 11%. M&A sales increased by 97 % (to USD 19 billion), mainly in the ICT and pharmaceutical industries. The value of new greenfield investments announced in 2021 contracted substantially in sectors such as transport and automotive. In 2020, China was ranked the world's second largest FDI recipient after the United States. The country is the largest recipient in Asia and the leading investing country in terms of FDI outflows. China's main investors have remained broadly stable. Inflows from the US and Europe have dropped, but regional investment has continued to increase as flows from ASEAN countries grow. Singapore, the Virgin Islands, South Korea, the Cayman Islands, Japan, Germany and the United States count among major investors. Investments are mainly oriented towards manufacturing, real estate, leasing business and services, computer services, wholesale and retail trade, financial intermediation, scientific research, transport, energy, and construction.

China made improvement in a wide array of subcomponents ranging from procedures for starting a business to measures to improve electricity access and get construction permits. The country demonstrated reform agendas that aim to improve the business regulatory environment in the country over the course of several years. The reforms mainly focus on increasing the efficiency of business processes, such as tax cuts, trade with tariff cuts, and reduced barriers to foreign investors. In order to attract further foreign investment, the country has introduced mechanisms to improve the delivery of major foreign investment projects, reduce import tariffs, streamline customs clearance, and establish an online filing system to regulate FDI. With a wealth of employees and potential partners eager to learn and evolve, the country is a base for low cost production, which makes it an attractive market for investors. Nevertheless, certain factors can hinder investments, such as China’s lack of transparency, legal uncertainty, low level of protection of intellectual property rights, corruption or protectionist measures which favour local businesses. FDI inflows to the high-tech sector have been rising significantly and currently account for almost a third of total inflows.

In the first half of 2022 inflows were already reaching 147.78 billion USD (OECD FDI In Figures, October 2022)

The country is ranking 50th amongst 82 countries reviewed in the latest Economist Intelligence Unit business environment rankings for 2022-26. As China continues to lead the global recovery from the adverse economic effects of the COVID-19 pandemic, foreign multinationals are doubling down on their investments in China, establishing thousands of new firms and expanding existing ones. Despite economic and financial tensions and a series of foreign restrictions on the transfer of technology to China, China continues to attract record amounts both of foreign direct investment and inflows of portfolio investment into listed onshore Chinese equities and Chinese government bonds (PIIE, 2020). Total foreign investment in China for 2021 is likely to surge by double digits from a year earlier if current trends continue (China Ministry of Commerce, November 2021).

The latest United NationAsia-Pacific Trade and Investment Trends Report provides additional information on FDI in China and Asia-Pacific in 2022 and 2023.

What to consider if you invest in China

Protection of Foreign Investment

Procedures Relative to Foreign Investment

Freedom of Establishment

The Foreign Investment Law of the People's Republic of China implements a “pre-establishment national treatment” plus “negative list management” system for foreign investment. “Pre-establishment national treatment” refers to the treatment given to foreign investors and their investments with regard to market access, which may not be less favourable than that given to their domestic investors and their investments. The “negative list” refers to the special administrative measures for the access of foreign investment in specific fields, which will be issued or approved for issue by the State Council. The Law provides that the state grant national treatment to foreign investment that are not included in the negative list.

Acquisition of Holdings

The acquisition of majority interest in a local company is authorised in China. M&A activities are subject to different regulations depending on whether the company is a public, a non-listed public company or foreign.

Obligation to Declare

The China International Investment Promotion Agency facilitates the distribution of information on necessary authorisations for establishing a business in the country. All proposed foreign investment projects in China must be submitted for 'verification' and approval to the National Development and Reform Commission (NDRC) or to provincial or local Development and Reform Commissions (depending on the sector and value of the investment.

Competent Organisation For the Declaration

National Development and Reform Commission (NDRC)

Requests For Specific Authorisations

Business plans must be submitted for approval to competent authorities prior to the beginning of business activity. If a foreign investor intends to establish a foreign-funded enterprise by merging a domestic enterprise in accordance with these provisions, he/she shall be subject to the approval of the “examination and approval organ” and modify the registration or go through the establishment registration in the “registration administrative organ”. “Examination and approval organ” refers to the Ministry of Commerce. The term “registration administrative organ” refers to the State Administration for Industry and Commerce (SAIC) or its authorized local administrations for industry and commerce. Chinese State-Owned Enterprises are often the targets of foreign investors. Although, it is important to note that additional rules apply to the purchase of State-Owned Enterprises by foreign investors in China. Greenfield investment projects must also seek approval from China's Environmental Protection Ministry and its Ministry of Land Resources.

Office Real Estate and Land Ownership

Possible Temporary Solutions

Rental and Business center. 

The Possibility of Buying Land and Industrial and Commercial Buildings

Foreigners are allowed to buy their property only after having worked or studied in China for at least one year.  They are only entitled to own one property in China and it must only be used for residential purposes.  Commercial or industrial property can only be purchased after a company has been incorporated in China.

Risk of Expropriation

The risk of expropriation is high. Article 20 of the Foreign Investment Law of the People's Republic of China stipulates that the government shall not expropriate investments made by foreign investors. Only in special circumstances (national security and obstacles to large civil engineering projects), the State may expropriate or requisition an investment made by foreign investors for public interest in accordance with the law. Such expropriation or requisition shall be carried out in accordance with the procedures of law and fair and reasonable compensation shall be given in a timely manner.

Investment Aid

Forms of Aid

Foreign investors enjoy corporate tax reductions, exemptions of tax on dividends repatriated during a certain period and other tax advantages. Moreover, foreign direct investment incentives include packages of reduced income taxes, resource and land use fees, and import/export duties, as well as priority treatment in obtaining basic infrastructure services, streamlined Government approvals, and funding support for start-ups. The Ministry of Commerce (MOFCOM) can be contacted for any information concerning opportunities in China.

According to the Notice on Implementing the Policy of Inclusive Tax Relief for Small and Micro Enterprises, published by the Ministry of Finance in January 2019, China expanded existing preferential policies for small and low-profit enterprises. Companies with annual taxable income below RMB 1 million (US$147,290) per year can benefit from a preferential corporate income tax (CIT) rate of 20 per cent, they are only taxed on 25 per cent of their income, while the remaining 75 per cent is tax-free.

Privileged Domains

China encourages foreign investment primarily in high technology, clean energy and export-oriented sectors.

Privileged Geographical Zones

China's Economic Development Zones (EDZs) are areas with preferential trade policies which differ from those governing the country as a whole. EDZs provide a wide range of incentives for FDI, which vary according to the EDZ specification. Companies operating in EDZs can expect, among other incentives, a higher level of autonomy over their operations, a variety of tax exemptions, subsidies for land and buildings and preferential employment policies.

Free-trade zones

In China there are many special trade zones. These special zones provide exceptions to the standard customs procedures and allow tax exemptions or tax incentives to attract overseas investments. They are primarily the 5 special economic zones and the 14 coastal cities. The special zones are Shenzhen (at the border of Hong-Kong SAR), Zhuhaï (close to Macau SAR), Shantou, Xiamen (vis-à-vis Taiwan, China) and the island of Hainan. They were selected because they were completely under-developed.

The 14 coastal cities are Dalian (in the province of Liaonong), Shanghai, Ningbo, Wenzhou (in the province of Zhejiang), Fuzhou (in the province of Fujian), Guangzhou, Zhanjiang (in the province of Guangdong), Beihai (in the autonomous region of Guangxi Zhuang), Tianjin, Yantai, Qingdao (in the province of Shandong) and Lianyungang, Nantong (in the province of Jiangsu). For the past few years, other cities have also been regarded as coastal towns profiting from the same status. Unlike the 5 special zones, these cities were not underdeveloped, but key industrial centres in China. Overseas investment has facilitated improvements to the infrastructure and the creation of new, more advanced ones.

In August 2019, China announced that it will expand the Pilot Free Trade Zones (FTZs) to six new provinces across the country. These are Jiangsu, Shandong, Hebei, Heilongjiang, Guanxi and Yunnan, bringing the total number of Chinese FTZs from 12 to 18.

Public aid and funding organisations

Invest in China - Investment Promotion Agency of Ministry of Commerce (CIPA) is engaged in Chinese investment promotion process and in charge of “Inviting in” (FDI in China) and “Going global” (outbound investment) two-way investment promotion work.

Investment Opportunities

The Key Sectors of the National Economy

Manufacturing sector, automobile industry, information and communication technology, aeronautics, energy (including nuclear energy), services, finance, building, tourism, health, agriculture, mining extraction, health, online sales (largest world market), transport infrastructure

High Potential Sectors

Chemical industry, insurance and bank, high technology, renewable energy, environment, waste treatment, franchises, medical devices. 

Privatization Programmes

China, whose economy is mixed, has a high number of state-owned corporations. Many of these firms suffer from disadvantages such as over-indebtedness and low efficiency, among others. The Chinese state wants to open these firms to private capital. Partial privatisation of numerous Chinese state-owned enterprises has been discussed since 1993, without having led to deep changes in the Chinese economic landscape. Under the government of President Xi Jinping, the mixed-ownership reform, which injects private capital into state-owned enterprises, is being promoted. One example of a privatisation effort is that at the end of 2016, the state announced the end of its monopoly on salt production. To date the effort is progressing but is still subject to resistance.

Tenders, Projects and Public Procurement

Tenders Tiger, Tenders in China
Tenders Info: Global Procurement Facilitator, Tenders in China
DgMarket, Tenders Worldwide

Sectors Where Investment Opportunities Are Fewer

Monopolistic Sectors

The Negative List for Market Access (2020 chinese edition) refers to a list of prohibited or restricted industries for foreign investment. The new 2020 National Negative List aims to accelerate the process of further opening key areas in service industries. It has further relaxed foreign investment’s access to the manufacturing and agriculture sectors compared to the 2019 Negative List. The main restrictions are on the following sectors: Production and supply of electricity, heat, gas and water; Transportation, warehousing and postal industries; Information transmission, software and information technology services; leasing and business service; Scientific research and technical services. The 2022 list of industries that are either restricted or prohibited has been cut to 117, according to a document released by the National Development and Reform Commission, from 123 on the 2020 list.

Finding Assistance For Further Information

Investment Aid Agency

Invest in China (Ministry of Commerce of the People's Republic of China)

Doing Business Guides

China Investment Guide (Deloitte)
Exporting to China (U.S. Department of Commerce)
Guides to doing business in mainland China (Hawksford China)
Doing business in China (Pinsent Masons)
Guide to Doing Business in China (Mayer Brown)
Doing business in China (Thomson Reuters Practical Law)
Extensive Guide on Doing Business in China (New Horizons Global Partners)

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