flag China China: Foreign investment

In this page: FDI in Figures | What to consider if you invest in China | Protection of Foreign Investment | Procedures Relative to Foreign Investment | Office Real Estate and Land Ownership | Investment Aid | Investment Opportunities | Sectors Where Investment Opportunities Are Fewer | Finding Assistance For Further Information

 

FDI in Figures

According to the 2018 World Investment Report published by UNCTAD, China was ranked the world's second largest FDI recipient after United States and before Hong Kong. The country's economy was ranked the second most attractive to multinational companies for 2017-2019, after the U.S. With steady growth for several years, FDI inflows continue to increase between 2016 and 2017, from $ 133 billion to $ 136 billion. This growth is favored by liberalization plans, the rapid development of the high-tech sector and the establishment of free trade zones. The absorption of FDI is part of the policy of opening China to the outside world, aiming at creating a better business environment, structure and distribution of investment. The government's efforts to achieve a better geographical spread of investments have allowed Central China to see its FDI increase.

According to a statement released in early 2018 by the Chinese Ministry of Commerce, 35.652 foreign-funded companies were set up in China last year, up 27.8% from 2016. FDI in the 11 free trade zones hit almost USD 16 billion in 2017, up 18.1% year on year, much higher than the national average. In contrast, the MOC’s data showed non-financial outbound direct investment (ODI) declined in 2017 amid government curbs on investment overseas. FDI stocks are up 10% between 2016 and 2017 and reach $ 1491 billion.

In 2017, Hong Kong is the largest investor in China. Singapore, Taiwan, South Korea, Japan, the United States, the Netherlands, Germany, the United Kingdom and Denmark are other major investors. Investments were mainly oriented towards business services, manufacturing, trade, new technologies, real estate and financial intermediation.

With a wealth of employees and potential partners eager to learn and evolve, the country is a base for low cost production. 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. China was ranked 78th out of 190 countries in the World Bank ranking for business climate Doing Business 2018.

 
Foreign Direct Investment 201520162017
FDI Inward Flow (million USD) 135,610133,710136,320
FDI Stock (million USD) 1,220,9031,354,6131,490,933
Number of Greenfield Investments*** 876798752
FDI Inwards (in % of GFCF****) 2.82.8n/a
FDI Stock (in % of GDP) 10.912.1n/a

Source: UNCTAD, Latest available data.

Note: * The UNCTAD Inward FDI Performance Index is Based on a Ratio of the Country's Share in Global FDI Inflows and its Share in Global GDP. ** The UNCTAD Inward FDI Potential Index is Based on 12 Economic and Structural Variables Such as GDP, Foreign Trade, FDI, Infrastructures, Energy Use, R&D, Education, Country Risk. *** Green Field Investments Are a Form of Foreign Direct Investment Where a Parent Company Starts a New Venture in a Foreign Country By Constructing New Operational Facilities From the Ground Up. **** Gross Fixed Capital Formation (GFCF) Measures the Value of Additions to Fixed Assets Purchased By Business, Government and Households Less Disposals of Fixed Assets Sold Off or Scrapped.

 

FDI INFLOWS BY COUNTRY AND BY INDUSTRY

Main Investing Countries 2017, in %
Hong Kong 75.5
Singapore 3.7
Taïwan 3.6
South Korea 2.8
Japan 2.5
USA 2.4
Netherlands 1.7
Germany 1.2
UK 1.1
Denmark 0.8
Main Invested Sectors 2017, in %
Leasing and business services 33.5
Manufacturing 14.8
Wholesale and retail trade 10.7
Hightech sector 9.5
Real estate 7.8
Financial intermediation 7.6
Services to households 2.8
Construction 2.2
Scientif, research and technical services 2.2
Culture, sport, entertainment 2.0

Source: Invest in China - Latest available data.

 
Form of Company Preferred By Foreign Investors
WFOE
Form of Establishment Preferred By Foreign Investors
Holding
Main Foreign Companies
Sources of Statistics
Invest in China

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What to consider if you invest in China

Strong Points
- China is the biggest internal market in the world with 1.3 billion potential customers.
-Importance of changes reserves and public debt mainly owned by Chinese
-A well-developed productive sector (manufacturing sector and heavy industry)
-A favourable geographic situation (close to emerging Asian markets, to Japan, maritime frontage)
- The country is now the first economy in terms of purchasing power parity (PPP) thanks to a rapid growth.
- Even though the situation is changing in certain areas, labour costs remain comparatively low.
- With the development of the Western provinces (particularly, the Sichuan province), China offers new opportunities
-Development of a new exports network (Silk road network) 
Weak Points
- An ever-changing legal context
- Bureaucratic and administrative complexities
- A lack of transparency, corruption and weak intellectual property rights protection
-Ageing population
-A high level of corporate indebtedness
-A production overcapacity in several sectors
- A strongly degraded environmental situation in several big cities
- Cultural differences in business practice may be difficult for foreigners to learn and apply in new business situations.
- An underdeveloped middle management level and low rate of qualified worker
Government Measures to Motivate or Restrict FDI
Generally speaking, Chinese government is more restrictive than other big economies regarding foreign investment, with numerous sectors closed to FDI. State companies and "national flagships" are protected (discriminatory practices, non-independent judicial power, selective application of regulation). Besides, Chinese State is practicing the forced technology transfer and its intellectual property system is unequal.  

The Government of China is encouraging investment in the following industries or sectors: high technology, production of equipment or new materials, the service sector, recycling, the use of renewable energies and environmental protection. On the other hand, the country appears to discourage foreign investment in key sectors, for which China seeks to develop domestic firms into globally competitive multinational corporations and sectors that have historically benefited from State-sanctioned monopolies or a legacy of State investment. The Government also discourages investments intended to profit from speculation (currency, real estate, or asset). Moreover, the Government has indicated that it plans to restrict foreign investment in resource-intensive and highly-polluting industries.

The Chinese Government unveiled an Index of foreign investment orientation in industries in June 2017. It aims at liberalizing investments in several sectors. China keeps on targeting foreign investment in high-end industries, technology, environment protection and cutting-edge services. The sector of services in a broad sense will be significantly open to FDI. 

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Protection of Foreign Investment

Bilateral investment conventions signed by China
China has signed bilateral agreements for investments with several countries. To see the list of the countries, click here.
International Controversies Registered By UNCTAD
Organizations Offering Their Assistance in Case of Disagreement
CIETAC , The International Commission of Economic and Commercial Arbitrage
ICSID , International Center for settlement of Investment Disputes
Member of the Multilateral Investment Guarantee Agency
China is a signatory of the Convention of MIGA.
 

Country Comparison For the Protection of Investors

  China East Asia & Pacific United States Germany
Index of Transaction Transparency* 10.0 5.0 7.0 5.0
Index of Manager’s Responsibility** 1.0 5.0 9.0 5.0
Index of Shareholders’ Power*** 1.0 6.0 4.0 8.0
Index of Investor Protection**** 4.5 5.2 6.5 6.0

Source: Doing Business - Latest available data.

Note: *The Greater the Index, the More Transparent the Conditions of Transactions. **The Greater the Index, the More the Manager is Personally Responsible. *** The Greater the Index, the Easier it Will Be For Shareholders to Take Legal Action. **** The Greater the Index, the Higher the Level of Investor Protection.

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Procedures Relative to Foreign Investment

Freedom of Establishment
Varies according to the sector. There is a requirement to submit a 'business plan' for approval prior to setting up.
Acquisition of Holdings
The acquisition of majority interest in a local company is authorised in China, according to the sectors.
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)
Ministry of Commerce (MOFCOM)
State Administration for Industry and Commerce (SAIC)
Requests For Specific Authorisations
Business plans must be submitted for approval to competent authorities prior to the beginning of business activity. Greenfield investment projects must also seek approval from China's Environmental Protection Ministry and its Ministry of Land Resources. The Chinese Government maintains 'absolute control' over sectors including: aviation, coal, defence, electric power and the state grid, oil, petrochemicals, shipping and telecommunications. It also holds 'relative control' over the following sectors: automotive, chemical, construction, exploration and design, electronic information, equipment manufacturing, iron and steel, nonferrous metal, science and technology.

Learn more about Foreign Investment in China on Globaltrade.net, the Directory for International Trade Service Providers.

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Office Real Estate and Land Ownership

Possible Temporary Solutions
Rental and Business center. Purchase by foreign companies is subject to restrictions.

-         Telecommunications
-        
energy
-        
environment
-        
high technology
-         services

The Possibility of Buying Land and Industrial and Commercial Buildings
Not possible to buy land in China. Only a right of use of 50 to 70 years can be approved.
Risk of Expropriation
The risk of expropriation is high. The law envisages a compensation but no indication is given on the amount or its calculation. Chinese law prohibits nationalization of foreign-invested enterprises except under"special" circumstances, including national security and obstacles to large civil engineering projects.

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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.
Privileged Domains
China encourages foreign investment primarily in high technology, clean energy and export-oriented sectors.
Free Zones
The Government has created various zones, granting each 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), Zhuhaï (close to Macau), Shantou, Xiamen (vis-à-vis Taiwan) 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.

 
 

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Investment Opportunities

The Key Sectors of the National Economy
Manufacturing sector, automobile industry, information and communication technology, aeronautic, energy (including nuclear energy), services, finance, building, tourism, health, agriculture, mining extraction, health, online sale (first world market), transport infrastructure. 
High Potential Sectors
Chemical industry, insurance and bank, high technology, renewable energy, environment, waste treatment, franchise, medical devices. 
Privatization Programmes
China, whose economy is mixed, possesses a high number of state corporations. Nevertheless, they are suffering from disadvantages (over-indebtedness and low efficiency, among others). Chinese state wants to open them to private capitals. Nevertheless, the question of partial privatisation of numerous Chinese enterprises has been discussed since 1993, without having led to deep evolution in the Chinese economic landscape. End 2017, the State announced the end of the monopoly on salt production.  

Sector that may be concerned by privatization are: 
- Telecommunications (China Unicom)
- Energy
- Environment
Tenders, Projects and Public Procurement
Chinabidding, Tenders in China
Tenders Info: Global Procurement Facilitator, Tenders in China
Asian Development Bank, Procurement Plans in Asia
DgMarket, Tenders Worldwide

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Sectors Where Investment Opportunities Are Fewer

Monopolistic Sectors
-         weapons

-         telecommunications

-         energy

-         environment

-         high- technology

-         water supply

-         electricity distribution

-         services

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Learn more about Investing in China on Globaltrade.net, the Directory for International Trade Service Providers.

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Last Updates: September 2018

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