央行跨境人民币FDI新规英文版

Announcement of the People’s Bank of China

[2011] No. 23

For the purpose of further expanding the utilization of RMB in cross-border trade and investment, regulating banks and foreign investors to handle RMB settlement in foreign direct investment, the People’s Bank of China has formulated the Measures for the Administration on RMB Settlement in Foreign Direct Investment, which is hereby promulgated, and shall take effect.

People’s Bank of China

October 13, 2011 Measures for the Administration on RMB

Settlement in Foreign Direct Investment

Chapter I General Provisions

Article 1For the purpose of expanding the scope of application of RMB in cross-border trade and investment and regulating the financial institutes in the banking industry (hereinafter referred to as banks) to handle RMB settlement in foreign direct investment, in accordance with the Law of the People’s Bank of China of the People’s Republic of China, the Administrative Measures for the RMB Bank Settlement Accounts (Decree of the People’s Bank of China [2003] No. 5) and related laws, administrative regulations and rules, the Measures shall hereby be formulated.

Article 2Banks handling RMB settlement in foreign direct investment shall be subject to the Measures.

Article 3Any foreign enterprise, economic organization or individual (hereinafter referred to as foreign investor) investing withinChina in RMB should abide by laws and regulations of the People’s Republic of China on foreign direct investment.

Article 4The People’s Bank of China shall, in accordance with the Measures, execute administration on RMB settlement in foreign direct investment.

Chapter II Business Process

Article 5Any foreign investor may in accordance with the Administrative Measures for RMB Bank Settlement Accounts and the Administrative Measures for RMB Bank Settlement Accounts for Foreign Institutes (Yin Fa [2010] No. 249) apply for the opening RMB bank settlement account for foreign institutes in handling RMB settlement in foreign direct investment. And for the early-stage RMB costs fund related to investment project and the RMB capital gained through distribution of profits, liquidation, reduction of capital, transfer of equity and recovery of investment ahead of time for reinvestment within China should in the principle of special account for special purpose be opened special deposit account for the

early-stage RMB costs and the one for RMB reinvestment respectively, which shall not handle cash receipt and payment business.

Article 6Banks should handle payment of the early-stage costs to the RMB bank settlement account within China after examining and reviewing such materials as payment command letter, capital purpose specification and capital utilization commitment letter. The rest early-stage costs should be transferred to the special deposit account for RMB capital fund opened according to Article 8 of the Measures or refunded after the foreign investment enterprise is established.

Article 7The foreign investment enterprise (inclusive of the newly-established and merged and acquired)should within 10 working days upon receiving the business license apply to the branch of the People’s Bank of China where it is registered for handling the registration of enterprise information with the following materials.

（I）copies of certificate of approval for foreign investment enterprise;

（II）duplicate of the business license and organization institution code certification.

Foreign investment partnership shall not submit the materials as mentioned in （I）.

The branch of the People’s Bank of China where the foreign investment enterprise is registered should complete the formalities of enterprise information registration within 10 working days upon receiving the application materials.

Where the alterations of the name, operating period, contribution mode, partners, joint venture and cooperation mode and other basic information of the registered foreign investment enterprise, or material alterations of increase of capital, decrease of capital, equity transfer or replacement, merger or division arise, it should within 15 working days upon altering registration or filing in the industrial and commercial administration report and submit the aforesaid alterations to the branch of the People’s Bank of China where it is registered.

Article 8Any foreign investment enterprise should in accordance with the administrative provisions for bank settlement accounts including the Administrative Measures for RMB Bank Settlement Accounts submit the business license and other materials to apply for the opening RMB bank settlement account. And the RMB registered capital remitted inward or RMB contribution by foreign investor should in the principle of special account for special purpose be opened special deposit account for RMB capital fund, which shall not handle cash receipt and payment business.

Where any foreign investor merges and acquires the domestic enterprise in RMB to establish the foreign investment enterprise, Chinese shareholders of the merged and acquired domestic enterprise should in accordance with the provisions for the administration over bank settlement accounts including the Administrative Measures for RMB Bank Settlement Accounts apply for opening the special deposit account for