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Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the National Development and Reform Commission, the Ministry of Commerce, the People's Bank of China and the Ministry of Foreign Affairs on Further Directing and Regulating the Direction of Overseas Investments [Effective]
国务院办公厅转发国家发展改革委商务部人民银行外交部关于进一步引导和规范境外投资方向指导意见的通知 [现行有效]
【法宝引证码】

Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the National Development and Reform Commission, the Ministry of Commerce, the People's Bank of China and the Ministry of Foreign Affairs on Further Directing and Regulating the Direction of Overseas Investments 

国务院办公厅转发国家发展改革委商务部人民银行外交部关于进一步引导和规范境外投资方向指导意见的通知

(No. 74 [2017] of the General Office of the State Council) (国办发〔2017〕74号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; and all ministries and commissions of the State Council and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
The Guiding Opinions of the National Development and Reform Commission, the Ministry of Commerce, the People's Bank of China and the Ministry of Foreign Affairs on Further Directing and Regulating the Direction of Overseas Investments, with the consent of the State Council, are hereby forwarded for your diligent implementation. 国家发展改革委、商务部、人民银行、外交部《关于进一步引导和规范境外投资方向的指导意见》已经国务院同意,现转发给你们,请认真贯彻执行。
General Office of the State Council 国务院办公厅
August 4, 2017 2017年8月4日
Guiding Opinions on Further Directing and Regulating the Direction of Overseas Investments 关于进一步引导和规范境外投资方向的指导意见
(National Development and Reform Commission, Ministry of Commerce, People's Bank of China, and Ministry of Foreign Affairs) (国家发展改革委、商务部、人民银行、外交部)
In recent years, the pace of overseas investment by Chinese enterprises has been significantly accelerated, and the scale and efficiency have been significantly improved, which have played an important role in promoting the “going out” of relevant products, technologies and services, promoting the transformation and upgrading of the domestic economy, deepening the mutual beneficial cooperation with relevant countries, and promoting the construction of the “Belt and Road” and the implementation of the international cooperation in production capacity. The current international and domestic environment is undergoing profound changes. Chinese enterprises face both relatively sound opportunities and many risks and challenges when making overseas investments. For the purposes of strengthening the macro guidance for the overseas investments, further directing and regulating the direction of overseas investments, promoting the sustainable, rational, orderly and sound development of overseas investments, effectively preventing various risks, and better adapting to the needs of the national economy and sound development, the following opinions are hereby offered: 近年来,我国企业境外投资步伐明显加快,规模和效益显著提升,为带动相关产品、技术、服务“走出去”,促进国内经济转型升级,深化与相关国家互利合作,推进“一带一路”建设和开展国际产能合作发挥了重要作用。当前国际国内环境正在发生深刻变化,我国企业开展境外投资既存在较好机遇,也面临诸多风险和挑战。为加强对境外投资的宏观指导,进一步引导和规范境外投资方向,推动境外投资持续合理有序健康发展,有效防范各类风险,更好地适应国民经济与社会发展需要,现提出以下意见:
I. Guiding ideology.   一、指导思想
The spirit of the 18th National Congress of the Communist Party of China and the Third, Fourth, Fifth, and Sixth Plenary Sessions of the 18th CPC Central Committee shall be comprehensively implemented, the spirit of a series of important speeches delivered by, and the new concepts, thoughts and strategies of managing state affairs of, the General Secretary Xi Jinping shall be implemented in full depth, the decisions and arrangements of the CPC Central Committee and the State Council shall be conscientiously implemented, the overall layout for “economic, political, cultural, social, and ecological progress” shall be advanced in an overall manner and the Four-Pronged Comprehensive Strategy shall be advanced in a coordinated manner, the development idea centering on the people and the general keynote of seeking progress while maintaining stability shall be insisted on, the concept of innovative, coordinated, green, open and shared development shall be firmly developed and implemented, the opening strategy of mutual benefits and win-win results shall be resolutely implemented, a more comprehensive, more in-depth, and more diversified opening-up pattern shall be constantly created, the reform of the overseas investment system and mechanism shall be deepened with the supply-side structural reform as main thread and with the construction of the “Belt and Road” as the commander, enterprises' overseas investment directions shall be further guided and regulated, enterprises shall be urged to rationally and orderly carry out overseas investment activities, overseas investment risks shall be prevented and responded, the sustainable and sound development of the overseas investments shall be promoted, and mutual benefits and win-win results, and joint development with the investment target countries shall be achieved. 全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神,深入贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,认真落实党中央、国务院决策部署,统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局,坚持以人民为中心的发展思想,坚持稳中求进工作总基调,牢固树立和贯彻落实创新、协调、绿色、开放、共享的发展理念,坚定奉行互利共赢的开放战略,不断创造更全面、更深入、更多元的对外开放格局,以供给侧结构性改革为主线,以“一带一路”建设为统领,深化境外投资体制机制改革,进一步引导和规范企业境外投资方向,促进企业合理有序开展境外投资活动,防范和应对境外投资风险,推动境外投资持续健康发展,实现与投资目的国互利共赢、共同发展。
II. Basic principles 法小宝  二、基本原则
-- Insisting on the status of enterprises as the mainstay. The decisive role of the market in the allocation of resources in the field of overseas investments shall be fully maximized and the functions of the government shall be better maximized, overseas investments shall be made under the commercial principles and international practices, with enterprises at the core and by market-oriented means, and enterprises shall make decisions at their own discretion, assume sole responsibilities for their profits or losses, and assume risks on their own under the direction of the governments. --坚持企业主体。在境外投资领域充分发挥市场在资源配置中的决定性作用和更好发挥政府作用,以企业为主体、市场为导向,按照商业原则和国际惯例开展境外投资,企业在政府引导下自主决策、自负盈亏、自担风险。
--Insisting on deepening reform. The system and mechanism shall be innovated on, the facilitation level of overseas investments shall be improved, the reform of simplification of administrative procedures and delegation of powers to lower levels, combination of delegation with administration and optimization of services shall be further advanced, the overseas investment management method dominated by the recordation system shall be insisted on, a managed market-oriented operating mechanism shall be implemented under the capital items, and the directions of enterprises' overseas investments shall be directed and regulated according to the model of “encouraging development + negative list.”
......
 --坚持深化改革。创新体制机制,提高境外投资便利化水平,深入推进简政放权、放管结合、优化服务改革,坚持以备案制为主的境外投资管理方式,在资本项下实行有管理的市场化运行机制,按“鼓励发展+负面清单”模式引导和规范企业境外投资方向。
......

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