Published by ChinaMNC · Yinhai

China Policy Brief: New Outbound Investment Rules, Energy Supply Contracts, and 136 Application Scenarios for Foreign Founders

A practical roundup for foreign founders in China: the NDRC's new Outbound Investment Management Measures, energy supply contract rules effective December 1, 2026, the first batch of 136 landmark application scenarios open to private and small firms, and other developments from October 19-23, 2026.

Why This Week Matters for Foreign Founders

The National Development and Reform Commission (NDRC) published a cluster of policy documents between October 19 and 23, 2026, several of which directly shape how foreign-invested and outbound-facing companies structure operations, contract for energy, and access government-backed technology validation opportunities. Below is a founder-focused reading of the official releases.

1. New Outbound Investment Management Measures (Order No. 49)

On October 22, the NDRC published a revised Outbound Investment Management Measures, replacing the 2017 rules on overseas investment by enterprises. The new measures take effect December 1, 2026, the same date the 2017 version is repealed.

• Structure: 76 articles across six chapters — general provisions, guidance and services for outbound investment, supervision, protection, legal liability, and supplementary provisions.
• Stated purpose: to provide stronger institutional safeguards for the development and security of outbound investment.

What to watch as a founder

If your China entity holds or plans to hold overseas subsidiaries, the December 1 switchover is a hard date. The source does not detail sector-specific approval thresholds or filing procedures, so treat the chapter headings as the map: guidance and services, supervision, and protection. Companies with cross-border holding structures should review internal approval workflows before the effective date and confirm which chapter of the new measures governs their outbound filings.

2. Energy Supply Medium- and Long-Term Contract Rules (Order No. 50)

On October 23, the NDRC issued trial measures on medium- and long-term contracts for energy supply security, also effective December 1, 2026. The measures bring thermal coal, electricity, and natural gas supply-security contracts under a single regulatory framework.

• Principles stated: priority for people's livelihoods and a floor on household energy use; combining an effective market with a capable government to stabilize the supply base; coordinating development and security to guard against energy supply risk.
• Content covered: rights and obligations of the parties, scope of application, supply-security responsibilities, contract signing and performance, and supervision.
• Stated aim: to let these contracts act as a stabilizer and ballast, guide optimal allocation of energy resources, and institutionally protect the resilience and security of energy supply chains.

Practical implication

Manufacturers and energy-intensive operations that rely on medium- and long-term coal, power, or gas contracts will face a more standardized contracting regime from December. The source does not specify penalties or pricing formulas; it does establish that signing and performance obligations are now formally defined. Founders should map which of their supply contracts fall within the three covered energy categories and flag renewals that extend past the effective date.

3. First Batch of 136 Landmark Application Scenarios

The NDRC, together with the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Human Resources and Social Security, the Ministry of Emergency Management, and SASAC, released a list of 136 landmark major application scenarios. The list is intended to open broad testing ground for scaling new technologies and products.

• Coverage: all five scenario categories designated by the State Council — new fields and new tracks, industrial transformation and upgrading, sector-level applications, social governance services, and livelihood areas.
• Scale cited: more than 1,700 new technologies, 1,200-plus new products, and over 2,200 new standards and norms.
• Characteristics described: new distribution across fields, broad participation, and numerous reform measures.

The opening for smaller companies

The release states that projects will strengthen opening of scenario resources by publicly publishing lists of new technologies, products, and business formats awaiting validation — specifically to private enterprises and small and medium-sized enterprises. For foreign founders with a validated prototype but limited domestic references, this is the most concrete access channel described in the source: a public list of what will be tested, and an invitation for market entities to apply for scenario validation opportunities.

4. Macroeconomic and Reform Briefing (October 20 Press Conference)

NDRC spokesperson Li Chao hosted the October press conference, joined by Zuo Gang (deputy director, Comprehensive Department of National Economy), Liu Dan (deputy director, Private Economy Development Bureau), and Ren Zhongbao (deputy director, Department of Innovation and High-Tech Development). Officials presented the Opinions on Developing New Quality Productive Forces and the Guiding Opinions on Improving Price Formation Mechanisms to Expand Inclusive Elderly Care Services, alongside reform measures on scenario cultivation and opening and market-based allocation of factors.

Media questions covered the macroeconomic situation, landmark application scenario projects, inclusive elderly care, the pilot for comprehensive reform of market-based factor allocation, domestic demand expansion policy, the private enterprise symposium, private investment project promotion, developing new quality productive forces according to local conditions, and coordinated industrial development. Founders tracking factor allocation reform — land, labor, capital, technology, and data — should note that a comprehensive pilot is underway, though the source does not specify pilot regions.

5. Other Releases in Brief

• China-Europe freight trains: On October 22, 2026, train X8059 departed Shenyang Puhe Station for Moscow, taking cumulative departures past 140,000 trains and cumulative cargo value above USD 560 billion. The NDRC credits more than a decade of work with China State Railway Group on transport quality, safety governance, diversified corridors, and innovation.
• Ocean economy: The NDRC and Ministry of Natural Resources released the China Ocean Economy Development Report 2026. It states that 2025 gross ocean product exceeded RMB 11 trillion, equal to 7.9% of GDP.
• Tibet earthquake response: After the 7.0-magnitude earthquake in Baqing County, Nagqu, Tibet, on October 22, the NDRC urgently allocated RMB 30 million from the central budget to support emergency post-disaster restoration of infrastructure and public service facilities.

Founder Checklist

• Confirm whether any outbound investment filing falls under the new measures before December 1, 2026.
• Review coal, power, and gas supply contracts against the new medium- and long-term contract framework.
• Monitor publication of the technology, product, and business-format validation lists tied to the 136 scenarios, particularly the channels open to private and small firms.
• Track the factor-market allocation pilot and inclusive elderly care pricing guidance for adjacent opportunities.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.