National Development and Reform Commission, Ministry of Commerce and Taiwan Affairs Office of the State Council, Measures for the Administration of Investment in Taiwan by Mainland Enterprises

Issued: November 9 2010
Effective: as of date of issuance

Main contents: The Measures states that mainland enterprises are encouraged to invest in Taiwan to realise mutual benefits and a win-win situation for the economies on both sides of the Taiwan Strait. A mainland enterprise wishing to invest in Taiwan shall actively adapt itself to the economic and industrial development particularities of the two sides of the Taiwan Strait, carefully select the sectors and projects it invests in by taking into account its own strengths and enterprise development strategy, diligently familiarise itself and comply with local laws and regulations (Article 3).

A mainland investment entity wishing to invest in Taiwan shall be an enterprise with legal personality lawfully registered and operating in mainland China, have the industry background, funds, technology and management capabilities for the project in which it is applying to invest; and be conducive to the peaceful development of the relationship between the two sides of the Taiwan Strait and not jeopardise the safety or unity of the state (Article 4). If a mainland enterprise secures relevant certification as a service provider, etc., it shall be eligible for the benefits granted under the relevant agreements executed by the two sides of the Taiwan Strait (Article 13).

Related legislation: Tentative Measures for Administration of the Check and Approval of Outbound Investment Projects, Oct 9 2004; and Measures for the Administration of Outbound Investment, Mar 16 2009

Repealed legislation: Circular on Relevant Provisions for Administration of the Taiwan Investment Projects of Mainland Enterprises, Dec 15 2008; and Circular on Matters Relevant to the Investment in Taiwan and Establishment of Non-enterprise Legal Persons in Taiwan by Mainland Enterprises, May 17 2009