ENFORCEMENT RULES OF THE FOREIGN INVESTMENT PROMOTION ACT

Article 1(Purpose) #

The purpose of these Rules is to prescribe matters mandated by the Foreign Investment Promotion Act and the Enforcement Decree of that Act and those necessary for enforcing said Act and Decree.

[This Article Wholly Amended on Jul. 31, 2009]

Article 2(Reporting on foreign investment and application for permission) #

(1) A person who intends to file a report pursuant to Article 5 (1) through (3) of the Foreign Investment Promotion Act (hereinafter referred to as the "Act") or to apply for permission prescribed in Article 6 (1) of the Act shall submit two copies of the following report or application for permission (including a form in English), along with the documents prescribed in Appendix 1, to the President of the Korea Trade-Investment Promotion Agency or to the head of a foreign exchange bank (limited to the President of the Korea-Trade Investment Promotion Agency, where a foreign investment defined in Article 2 (1) 4 (d) of the Act is to be made) or to the Minister of Trade, Industry and Energy (limited to where an application for permission is to be filed): <Amended on Aug. 5, 2020; Aug. 3, 2023>

1. A person who intends to file a report prescribed in Article 5 (1) or (2) of the Act or who intends to apply for permission prescribed in the former part of Article 6 (1) of the Act: The following report or application for permission:

(a) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (a), (c), or (e) of the Act: Form 1;

(b) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (b) of the Act: Form 2;

(c) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (d) of the Act: Forms 2-2 and 2-3;

2. A person who intends to file a report on modification prescribed in Article 5 (3) of the Act or who intends to apply for permission for modification prescribed in the latter part of Article 6 (1) of the Act: The following report or application for permission:

(a) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (a), (c), or (e) of the Act: Form 3;

(b) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (b) of the Act: Form 2;

(c) Where he or she intends to make a foreign investment prescribed in Article 2 (1) 4 (d) of the Act: Form 2-2.

(2) In preparing a report on foreign investment made as loans prescribed in Article 2 (1) 4 (b) of the Act, the period and amount of loans shall be calculated as follows:

1. The period of a loan shall be calculated based upon its grace period and redemption period, and the period for redemption in cases of partial redemption or interim redemption (including early redemption prescribed in Article 6 (2) of the Decree) shall be calculated by aggregating the amounts calculated by multiplying the redemption period of each partial payment or interim payment by the ratio of the relevant redemption amount to the total amount of the loan;

2. Where a report on modification prescribed in paragraph (1) 2 (b) is filed, the amount of a loan shall be calculated by deducting the amount redeemed from the month following the month in which the date of redemption falls.

(3) "Matters prescribed by Decree of the Ministry of Trade, Industry and Energy" in Article 5 (3), the latter part of Article 6 (1), and Article 21 (3) 4 of the Act means the following: <Amended on Aug. 5, 2020>

1. The foreign investment ratio and the amount of foreign investment;

2. The trade name or name and nationality of a foreign investor;

3. The trade name or name and address of a foreign-invested company;

4. The business currently operated or to be operated by a foreign-invested company;

5. The transferor of stocks or shares (hereinafter referred to as "stocks, etc.") (limited to where the existing stocks, etc. referred to in Article 2 (1) 4 (a) (ii) of the Act are acquired);

6. The provider, amount, and conditions of the loan (limited to loans defined in Article 2 (1) 4 (b) of the Act);

7. The amount and conditions of contributions (limited to contributions to a nonprofit corporation referred to in Article 2 (1) 4 (c) and (e) of the Act);

8. Modification of matters to be entered in a report on or application for permission for foreign investment, or an application for registration of a foreign-invested company.

[This Article Wholly Amended on Aug. 2, 2016]

Article 3 #

Deleted. <Aug. 2, 2016>

Article 4 #

Deleted. <Aug. 2, 2016>

Article 5 #

Deleted. <Aug. 2, 2016>

Article 6(Temporarily exceptional period of maintaining minimum foreign investment ratio) #

"Period prescribed by Decree of the Ministry of Trade, Industry and Energy" in the main clause of Article 13 (2) of the Act means 6 months from the initial date of failure to satisfy the minimum foreign investment ratio.

[This Article Added on Jun. 10, 2013]

Article 7 #

Deleted. <May 29, 1999>

Article 8 #

Deleted. <May 29, 1999>

Article 9(Application for exemption or reduction of rental fees for State property) #

A person who intends to obtain a rental charge exemption or reduction for State-owned land, etc. pursuant to Article 19 (9) of the Decree shall submit 2 copies of an application in Form 11, along with the following documents, to the head of the competent central government agency in charge of managing the relevant State property: <Amended on Jun. 10, 2013; Aug. 5, 2020>

1. 1 copy of a document evidencing that he or she engages in business subject to the exemption or reduction of rental charges under Article 13-2 (1) or (2) of the Act;

2. 1 copy of a rental contract on land, etc.

[This Article Wholly Amended on Jul. 31, 2009]

Article 9-2(Period of compliance with corrective order related to cancellation of sale of State or public property) #

“Period prescribed by Decree of the Ministry of Trade, Industry and Energy” in the proviso, with the exception of the subparagraphs, of Article 13-4 (1) of the Act means 6 months.

[This Article Added on Aug. 5, 2020]

Article 9-3(Standards for local headquarters) #

(1) A local headquarters referred to in Article 20-2 (5) 1 of the Decree means a corporation that meets all of the following requirements: <Amended on Aug. 5, 2020>

1. The average turnover of its parent company over the preceding 5 years shall be at least 3 trillion won; provided, this shall not apply where the Foreign Investment Committee recognizes it as a leading global company (hereinafter referred to as "global company") in consideration of the scale of assets, global market share, etc.;

2. It shall perform at least one of the following functions for at least two overseas corporations:

(a) Establishing sales strategies, and supporting and coordinating sales-related activities, etc.;

(b) Formulating production plans, and adjusting production items, production volume, etc.;

(c) Formulating plans for procuring raw materials, etc., and selecting procurement counterparts or operating a logistics center, etc.;

(d) Establishing and coordinating personnel policies, and exercising the authority over personnel affairs;

(e) Formulating plans for research and development, and supporting and coordinating activities related to research and development, etc.;

(f) Other functions of supporting and coordinating the core functions of companies publicly notified by the Minister of Trade, Industry and Energy;

3. It shall have at least 10 regular workers, executive officers, and persons exclusively engaged in research performing the business affairs specified in each item of subparagraph 2 at its local headquarters;

4. The amount of foreign investment shall be at least 100 million won, and its parent company shall directly or indirectly own at least 50/100 of the total number of voting stocks issued by, or the total equity investment of, the relevant company.

(2) A foreign investor or foreign-invested company that intends to be designated as a local headquarters referred to in paragraph (1) shall submit a document in Form 11-2, along with the following documents, to the Minister of Trade, Industry and Energy: <Amended on Aug. 2, 2016>

1. 1 copy of published data, such as a sales report verifying the average turnover of the parent company;

2. 1 copy of data evidencing that the parent company is a global company, such as its financial statements and global market share (to be submitted only where the average turnover of the parent company over the preceding 5 years is less than 3 trillion won);

Article 9-4(Application for cash grants) #

A foreigner who intends to obtain a cash grant pursuant to Article 20-3 (1) of the Decree shall submit an application in Form 11-3, along with the following documents, to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013; Aug. 2, 2016>

1. An investment plan and its executive summary;

2. The financial statements of the applicant (limited to a corporation) (where investment is increased, including the financial statements of the relevant foreign-invested company);

3. The details of investment funds by procurement source and a written confirmation thereof;

4. A copy of a report on foreign investment (to be submitted only where a report has been filed);

5. A statement of opinion, if any opinion related to foreign investment is received from a project manager.

[Moved from Article 9-3; previous Article 9-4 moved to Article 9-3 <Aug. 2, 2016>]

Article 10(Handling of civil petitions by foreign-invested companies) #

(1) "Application documents prescribed by Decree of the Ministry of Trade, Industry and Energy" in Article 17 (9) of the Act means the following documents:

1. Civil petitions to be handled in bulk as prescribed in Appendix 1 of the Act: An application in Form 11-4, and applications and other required documents prescribed in the relevant statutes or regulations;

2. Civil petitions to be handled individually as prescribed in Appendix 2 of the Act, Appendix 5 of the Decree, and Appendix 2 of these Rules: Applications and other required documents prescribed in the relevant statutes or regulations;

3. Civil petitions to be handled directly as prescribed in Appendix 3 of the Decree: Applications and other required documents prescribed in the relevant statutes or regulations.

(2) "Permission, etc. prescribed by Decree of the Ministry of Trade, Industry and Energy" in subparagraph 82 of Appendix 5 of the Decree means civil petitions to be handled individually as prescribed in Appendix 2.

[This Article Wholly Amended on Aug. 2, 2016]

Article 11 #

Deleted. <Aug. 2, 2016>

Article 12 #

Deleted. <Aug. 2, 2016>

Article 13 #

Deleted. <Aug. 2, 2016>

Article 14 #

Deleted. <Aug. 2, 2016>

Article 15 #

Deleted. <Aug. 2, 2016>

Article 15-2 #

Deleted. <Aug. 2, 2016>

Article 15-3 #

Deleted. <Aug. 2, 2016>

Article 15-4 #

Deleted. <Aug. 2, 2016>

Article 15-5 #

Deleted. <Aug. 2, 2016>

Article 15-6 #

Deleted. <Aug. 2, 2016>

Article 16(Criteria for research and development facilities) #

(1) A research and development facility under Article 25 (1) 4 of the Decree means a facility meeting all of the following requirements for conducting research and development activities:

1. It shall have at least 5 persons exclusively engaged in research with a bachelor's degree and at least 3 years of research experience or with a master's degree or higher;

2. The amount of facility investment for research and development shall be at least 100 million won;

3. Foreigners shall own at least 30/100 of the total number of voting stocks issued by, or the total equity investment of, the relevant research and development facility or the foreign-invested company which has established the relevant research and development facility.

(2) A foreign investor or foreign-invested company that intends to be designated as a research and development facility under paragraph (1) shall submit a document in Form 16-7, along with the following documents, to the Minister of Trade, Industry and Energy:

1. Evidentiary data regarding the number of persons exclusively engaged in research in the research and development facility, and 1 copy of the academic degree certificates and career certificates of persons exclusively engaged in research;

2. 1 copy of documents evidencing the amount of investment in research and development facilities, such as a certificate of purchase of foreign currency that verifies the remitter;

3. 1 copy of documents evidencing the ratio of foreign investors' share in the relevant research and development facility or the foreign-invested company which has established the relevant research and development facility, such as the register of stockholders.

(3) Upon receipt of an application for designation of a research and development facility referred to in paragraph (2), the Minister of Trade, Industry and Energy may designate the applicant as a research and development facility after deliberation by the Foreign Investment Committee.

(4) Where a facility designated as a research and development facility pursuant to paragraph (3) fails to meet the requirements prescribed in each subparagraph of paragraph (1), the Minister of Trade, Industry and Energy may revoke its designation as a research and development facility after deliberation by the Foreign Investment Committee.

(5) Except as provided in paragraphs (1) through (4), matters necessary for designating a research and development facility shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Aug. 2, 2016>

Article 16-2(Period of undertaking construction of factory after conclusion of contract for taking occupancy) #

“Period prescribed by Decree of the Ministry of Trade, Industry and Energy” in Article 26-2 (5) 1 of the Decree means 1 year.

[This Article Added on Aug. 5, 2020]

Article 17(Application for registration of foreign-invested company) #

(1) A person who intends to file for registration of a foreign-invested company under Article 21 (1) or (2) of the Act shall submit an application in Form 17 (including an application in electronic form), along with the following documents (including electronic documents), to the President of the Korea Trade-Investment Promotion Agency or to the head of a foreign exchange bank (hereinafter referred to as “head of an entrusted institution”): <Amended on Oct. 6, 2010; Oct. 5, 2012; Aug. 2, 2016; Aug. 5, 2020>

1. 1 copy of a certificate of purchase of foreign currency or a certificate of foreign currency deposit (in cases of an individual business entity, a certificate of receipt of payment in its trade name) that verifies the remitter [limited to cases other than investment in kind (including cases of contribution in kind; hereinafter the same shall apply); and where a foreign investor does not directly remit or bring in the foreign currency in person, documents evidencing that it has been remitted or brought in on his or her behalf shall be attached];

2. 1 copy of a certificate of completion of investment in kind (to be submitted only where capital goods are invested);

3. 1 copy of documents evidencing the consent of a company prescribed in Article 421 (2) of the Commercial Act (limited to where the liability for payment for stocks, etc. of a foreign investor who has acquired new stocks, etc. and his or her claim against the company are set off) or one copy of a report on investigation prepared by an inspector or the outcomes of appraisal conducted by an appraiser prescribed in Article 422 of the Commercial Act (limited to where stocks, bonds, or domestic real estate are invested);

4. 1 copy of each of the following documents of a company that intends to file for registration of a foreign-invested company:

(a) A certificate of corporate registration;

(b) A stockholders' list (to be submitted only in cases falling under Article 2 (1) 4 (a) of the Act);

(c) A copy of a certificate of business registration or a certificate of unique number;

(d) Outlines of research projects, the current status of persons exclusively engaged in research, and a detailed statement of research facilities (to be submitted only in cases falling under Article 2 (1) 4 (c) of the Act).

(2) A person who intends to file for registration of modification of a foreign-invested company under Article 21 (3) of the Act shall indicate the modified matters in an application in Form 17 and submit it, along with the following documents, to the head of an entrusted institution within 60 days from the date the reason for the registration of modification arises: <Amended on Aug. 2, 2016; Aug. 5, 2020>

Article 17-2(Cancellation of registration of foreign-invested companies) #

(1) Where the Minister of Trade, Industry and Energy intends to cancel the registration of a foreign-invested company, he or she shall notify (including service using the information and communications network) the relevant foreign-invested company of a confirmation of cancellation of registration of a foreign-invested company in Form 18-2 (including a confirmation in electronic form) pursuant to Article 28 (2) of the Decree.

(2) A foreign-invested company upon receipt of notice referred to in paragraph (1) shall return a certificate of registration of the foreign-invested company prescribed in Article 17 (3) to the head of the competent entrusted institution.

(3) Where a foreign-invested company fails to return a certificate of registration of the foreign-invested company pursuant to paragraph (2) within 30 days from the date of notice referred to in paragraph (1), the Minister of Trade, Industry and Energy shall publish the cancellation of the registration of the relevant foreign-invested company.

[This Article Wholly Amended on Aug. 2, 2016]

Article 18 #

Deleted. <Aug. 2, 2016>

Article 19(Cooperation in follow-up management of foreign investment) #

(1) Where it is necessary for investigating a foreign-invested company under Article 22 (4) of the Act, the Commissioner of the National Tax Service may have the relevant foreign-invested company submit a report in Form 20 at the time it files a report on tax base under Article 60 of the Corporate Tax Act or Article 70 of the Income Tax Act, pursuant to Article 40 (1) 4 of the Decree. <Amended on Aug. 2, 2016>

(2) Where it is necessary for investigating whether a foreign-invested company has violated Article 21 (3) 2 of the Act, the Commissioner of the Korea Customs Service may have the relevant foreign-invested company submit a report in Form 21 pursuant to Article 40 (1) 4 of the Decree. <Amended on Aug. 2, 2016>

(3) Upon receipt of a report under paragraph (2), the Commissioner of the Korea Customs Service shall confirm a certificate of completion of import declaration of capital goods through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the applicant does not consent to such confirmation made by the competent public official, he or she shall attach such document. <Amended on Oct. 19, 2011>

[This Article Wholly Amended on Jul. 31, 2009]

[Title Amended on Aug. 2, 2016]

Article 20 #

Deleted. <Aug. 2, 2016>

Article 21(Prohibition on public disclosure of trade secret related to foreign investment) #

No public official who collects and compiles data, statistics, etc. related to foreign investment pursuant to Article 24 (3) of the Act shall publicly disclose any data prescribed by the Minister of Trade, Industry and Energy as important matters related to trade secret of a foreign-invested company. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Jul. 31, 2009]

Article 22 #

Deleted. <Aug. 2, 2016>

Article 23(Application for examination and confirmation of introduced capital goods) #

A person who intends to apply for the examination and confirmation of a written specification of goods introduced pursuant to Article 38 (2) and (3) of the Decree shall submit 3 copies of an application in Form 24, along with documents evidencing the prices thereof, such as an affirmation document of sale of goods, to the head of an entrusted institution. <Amended on Nov. 6, 2014>

[This Article Wholly Amended on Jul. 31, 2009]

Article 24(Application for confirmation of completion of investment in kind) #

(1) A person who intends to receive the confirmation of completion of an investment in kind under Article 30 (3) of the Act shall submit 2 copies of an application in Form 25 to the Commissioner of the Korea Customs Service.

(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korea Customs Service shall confirm the relevant certificate of completion of import declaration through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the applicant does not consent to such confirmation made by the competent public official, he or she shall attach such document. <Amended on Oct. 19, 2011>

[This Article Wholly Amended on Jul. 31, 2009]

Article 25(Re-examination of regulation) #

The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every 2 years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every 2nd year), and shall take measures, such as making improvements:

1. A report on foreign investment and the documents attached thereto prescribed in Article 2 (1) 1 (a): January 1, 2017;

2. A report on foreign investment as a long-term loan, a report on modification, and the documents attached thereto prescribed in Article 2 (1) 1 (b) and subparagraph 2 (b) of that paragraph: January 1, 2017;

3. A report on modification of foreign investment, and the documents attached thereto prescribed in Article 2 (1) 2 (a): January 1, 2017.

[This Article Wholly Amended on Aug. 2, 2016]