Practical sharing of ODI filing for domestic enterprises going abroad

In the current trend of globalization, the pace of Chinese enterprises' 'going global' is accelerating, and outward direct investment (ODI) has become an important way for many enterprises to expand their international markets and achieve strategic layout. To assist law firm colleagues in gaining a deeper understanding of the relevant matters regarding the overseas ODI filing of domestic enterprises, on the afternoon of May 9, 2025, Lawyer Meng Xiaojun brought a practical sharing session on the overseas ODI filing of domestic enterprises, which was full of practical knowledge.

Lawyer Meng uses actual client needs as the starting point to introduce the theme of this sharing. Lawyer Meng mentioned that clients have requested to invest and build factories overseas. During this process, a series of issues related to ODI filing have emerged one after another, and solving these problems is the key to lawyers providing professional legal services to enterprises.

Lawyer Meng provided a detailed analysis of the legal and regulatory framework for overseas investment in China, with a focus on the multiple approval processes involved in overseas investment filing, corresponding approval departments, and their main regulatory basis.   

1. In the project approval process, the National Development and Reform Commission (NDRC) manages the filing and approval of projects in accordance with regulations such as the 'Management Measures for Overseas Investment of Enterprises'. Projects involving sensitive countries and regions, as well as sensitive industries, require approval, while non sensitive projects are subject to filing management. The filing department varies depending on the nature of the enterprise and the amount of Chinese investment.

2. In terms of business approval, the Ministry of Commerce, in accordance with relevant regulations, records and approves overseas investments of enterprises, distinguishing between sensitive and non sensitive situations. The filing departments of central and local enterprises are also different.

3. Foreign exchange registration has been delegated to banks for processing. At the same time, since 2016, the government has implemented restrictions and supervision on some foreign investment businesses, emphasizing the authenticity of investment, entity operation, and financial strength. In the process of state-owned asset approval, the State owned Assets Supervision and Administration Commission manages overseas investments involving state-owned assets in accordance with relevant laws and regulations.

During the sharing process, Lawyer Meng also shared the problems and solutions encountered in the process of handling ODI filing based on actual cases. For example, when clients have doubts about the law firm's ability to handle ODI, they need to demonstrate their professional qualifications and successful cases; Customers consult feasibility study reports, and lawyers need to analyze and answer them based on their professional knowledge; Lawyers need to provide professional and compliant solutions to clients' questions and requirements regarding state-owned asset approval, processing time, upfront fee payment, and equipment export based on regulations and practical experience.

Lawyer Meng Xiaojun's sharing this time is rich in content and practical, providing valuable experience and professional knowledge for colleagues in the field of legal services for overseas ODI filing of domestic enterprises. Thank you very much for Lawyer Meng Xiaojun's sharing today. We look forward to learning more useful knowledge through Denghu Classroom!