On 13 August 2023 the State Council issued the Opinions on Further Optimising the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment (Guofa No. 11 of 2023), containing 24 measures in six areas: improving the quality of foreign investment utilisation, guaranteeing national treatment, strengthening protection, improving operational convenience, increasing fiscal and tax support, and improving promotion methods.
The emphasis is not on expanding the entry list but on whether a foreign-invested enterprise can operate normally after entry. For companies already established in China or planning to establish, the 24 measures read as an operating-environment checklist.
Where national treatment lands
The document requires equal participation in government procurement, standard-setting and access to factors of production. In procurement, suppliers may not be treated differently or discriminated against on grounds of ownership, organisational form, equity structure, investor nationality or brand.
In standard-setting, foreign-invested enterprises are encouraged to participate in national and industry standards. For technology companies this means earlier involvement in standard discussions rather than passive adaptation after the product is fixed.
Access to land, financing, utilities and other factors is expressed in principle, with implementation depending on local rules. Companies should follow local detailed measures rather than reading the central document alone.
Protection and intellectual property
The document calls for protecting intellectual property of foreign-invested enterprises and increasing enforcement against trade secret infringement and bad-faith trademark registration. For technology licensing, joint development and joint ventures, ownership and improvement-sharing still need to be written into contracts; policy protection cannot replace contract design.
It also proposes improving complaint mechanisms for foreign-invested enterprises. Such mechanisms provide an administrative channel, but they do not resolve commercial disputes or replace litigation and arbitration.
Cross-border data and personnel
The document supports lawful cross-border data flows, including security assessment, standard contracts and certification. For multinationals, cross-border data is a daily operational issue rather than an occasional project. HR systems, global customer service and group finance may all involve outbound data.
On personnel, the document points to facilitation for foreign executives, technical staff and families in visas, residence and schooling. The direction is clear, but timing and documentation still depend on the specific port and local authorities.
Three things companies can do
First, map the 24 measures against operational pain points and list items requiring local detail, such as land, subsidies, data export and visas. Second, review opportunities to participate in procurement and standard-setting, and consider adjusting bidding and standards strategies. Third, map cross-border data pathways and confirm whether security assessment, standard contracts or certification have been completed, avoiding a misreading of policy support as exemption from obligations.
For foreign investment structures and entity establishment, see our incorporation service; for cross-border data and multi-jurisdiction arrangements, see multi-jurisdiction compliance and offshore structures; for ongoing compliance support, see annual legal counsel.
This article is based on the Opinions on Further Optimising the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment issued by the State Council on 13 August 2023. It is for reference only and does not constitute legal advice.