Model: manufacturing and JV

Manufacturing in India with a Chinese Partner: Approval, Joint Venture Terms, Technology Licences and Local Content

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 26 October 2026

Short answer

Manufacturing is where most Chinese investment interest in India sits, especially electronics, electronic components, capital goods and solar inputs. The amended Press Note 3 reportedly sets a 60-day target for approvals in specified manufacturing sectors, and reports say Indian majority ownership and control is expected there, which points to joint ventures with an Indian partner rather than wholly owned Chinese plants. Success depends on the approval, the JV agreement, the technology licence and the supply chain being consistent with each other.

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Key facts

Fast-track sectors (reported)Capital goods, electronic capital goods, electronic components, polysilicon and ingot-wafer; the list can be revised
Ownership expectationIndian citizens or Indian-owned and controlled entities to keep majority shareholding and control, as reported
ApprovalPress Note 3 approval for the Chinese stake; the JV agreement must match it
TechnologyLicence from the Chinese partner at arm's length; Chinese export-control and Indian customs rules apply
IncentivesProduction-linked and component manufacturing schemes have their own eligibility and may restrict or scrutinise Chinese-linked applicants; check each scheme
Supply chainImports of components from China are subject to customs duty and trade remedies
PeopleChinese engineers need the right visa and security clearance; see the relocation guide

Why joint ventures dominate

  • Indian partners bring land, licences, distribution and customer relationships.
  • An Indian-controlled structure fits the direction of the amended Press Note 3 for manufacturing.
  • The Chinese partner brings technology, equipment and process know-how.
  • A JV spreads the capital and the regulatory risk, but it needs a clear exit plan.

Key JV terms for a Chinese partner

TermWhy it mattersPoint to check
Shareholding and controlMust match the Press Note 3 approval; control rights can change the analysisBoard seats, vetoes, reserved matters and side letters
Technology licenceDefines what the JV may use and payScope, term, royalty and improvements; Chinese export-control clearance
Supply agreementComponents and equipment from the Chinese partnerPricing, customs value and transfer pricing; see the transfer pricing guide
Local content and sourcingIncentive schemes and customers may require itPlan for Indian suppliers
Deadlock and exitJoint ventures break downCall and put options within FEMA pricing; arbitration seat
Non-competeLimits on competing activityEnforceability under Indian law is limited after exit; take advice

A typical path

  1. Choose the product, location and partner; check the sector cap and the fast-track list.
  2. Sign a term sheet and a confidentiality agreement; begin due diligence on the partner and its owners.
  3. File the Press Note 3 application describing the JV, and the Chinese outbound filings.
  4. On approval, sign the shareholder agreement and the technology and supply agreements, matching the approved terms.
  5. Incorporate or subscribe to the JV company; remit funds; file FC-GPR. See funding and FEMA.
  6. Secure land, power, environmental and factory licences; hire and train the team.
  7. Start production, with documents ready for customs and tax audits.

Incentives and subsidies

  • India runs production-linked and component manufacturing schemes for electronics and other sectors. Press reports describe a scheme for electronic components with a large outlay launched in 2025; check the current scheme notices for eligibility and for any conditions on foreign or land-border-country ownership.
  • State governments offer land, power and capital subsidies. Terms differ by state and change often.
  • Duty concessions on capital goods, and special economic zone or export-oriented unit status, have their own conditions.
  • Do not budget for an incentive until the scheme approval is in hand.

Practical risks

  • Approvals can take longer than the 60-day target in a case that raises security questions.
  • Reports in 2025 described difficulties for some manufacturers moving equipment and Chinese engineers to India. Treat the schedule for machinery and staff as uncertain.
  • Trade remedies such as anti-dumping duties can change the cost of imported inputs. See restricted sectors, procurement and trade.
  • Indian partners may face their own scrutiny when they work with Chinese-linked firms. Choose a partner with a clean record.
  • Intellectual property protection needs contract terms and enforcement planning. See contracts and arbitration.

Moving toward Indian control

Some Chinese manufacturers plan an Indian-majority structure from the start, with the Chinese partner as technology provider and minority investor. Others start with a licence and supply model and add equity later with approval. Whichever model you choose, document the technology, pricing and exit terms in advance and keep them consistent with the approval letter.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, MOFCOM (China), SAFE (China) and the Ministry of External Affairs (India).

Frequently asked questions

Which sectors have the 60-day fast track under the amended Press Note 3?

Reports name capital goods, electronic capital goods, electronic components, polysilicon and ingot-wafer, and the list can be revised by a committee of secretaries. Check the current notification.

Does a Chinese manufacturer need an Indian partner?

Not legally in every sector, but reports say Indian majority ownership and control is expected in the fast-track sectors, so a joint venture is the usual model.

Can a Chinese company license technology to an Indian JV?

Yes, under a written agreement priced at arm's length, subject to Chinese export controls, Indian customs and tax rules, and the Press Note 3 approval conditions.

Do production-linked incentive schemes accept Chinese-linked applicants?

Each scheme has its own conditions and may scrutinise or restrict land-border-country ownership. Read the scheme notice before budgeting.

How should the exit be planned?

Agree call and put options, valuation and the arbitration seat before entry, and keep within FEMA pricing rules. See the exit guide.

Can Chinese engineers be sent to a JV plant?

Yes, with the right visa and, for Chinese nationals, security clearance. Some manufacturers have reported delays, so plan buffers.

See all 147 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

Sources

← Back to the complete guide

Last updated 26 October 2026. General information only, not legal or tax advice. Indian and Chinese rules change often; confirm current requirements before acting.

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