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I NTERNATIONAL INVESTMENT LAW (8) ZHANG Jiao zjecupl2014@163.com
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O VERVIEW OF C HINESE FOREIGN INVESTMENT LAW
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F OREIGN INVESTMENT POLICY SYSTEM IN THE PAST … Major Foreign Investment Laws and Regulations The law of P.R.C. on Chinese- Foreign Equity Joint Ventures and its implementation regulations; The law of P.R.C. on Chinese- Foreign Contractual Joint Ventures and its implementation regulations; The law of P.R.C. on Wholly Foreign-owned Enterprise and its implementation regulations; The law of P.R.C. on Foreign- invested enterprises, the income tax and its implementation regulations; Provisions on Guiding Foreign Investment Direction; Industrial Catalogue for Foreign Investment; Catalogue of Advantageous Sectors for Foreign Investment in Central and Western Regions; The Law of P.R.C. on the Protection Taiwan Compatriots’ Investment. General Laws and Regulations The Company Law; The Contract Law; The Insurance Law; The Arbitration Law; The Labor Law; Provisional Regulations on Value-added Tax; Provisional Regulations on Consumption Tax; Provisional Regulations on Business Tax. International Treaties BITs Bilateral Agreement on the Avoidance of Double Taxation
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W HAT ’ S U P … Shanghai Free Trade Zone “One Belt and One Road” Asian Infrastructure Investment Bank New Foreign Investment Law New Model BIT China-EU BIT China-US BIT
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N EW F OREIGN I NVESTMENT L AW 19 January 2015: MOFCOM – draft Foreign Investment Law for public consultation, along with an accompanying explanatory note. A significant move of MOFCOM to relax its regulation on foreign investment and streamline the current fragmented regulatory framework. Tightening its scrutiny on foreign investments in “restricted” sectors, but reducing beauracratic approval requirements for foreign investments in the “permitted” and “encouraged” sectors.
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O NE B ELT AND O NE ROAD Chinese Dream Global Dream
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“One Belt and One Road” Bilateral, regional and multilateral cooperation mechanism Transport network Financing platforms Logistics hubs land, sea and air an Asian interconnection and mutual communication investment bank, the Shanghai Cooperation Organization development fund and the Shanghai Cooperation Organization development bank free-trade industrial parks
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T HE A SIAN I NFRASTRUCTURE I NVESTMENT B ANK 2014.10.24: Representatives from 21 Asian Countries, MoU
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focus on the development of infrastructure and other productive sectors in Asia, including energy and power, transportation and telecommunications, rural infrastructure and agriculture development, water supply and sanitation, environmental protection, urban development and logistics, etc.
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“lean, clean and green”: - lean, with a small but seasoned professional management cadre and highly skilled staff; - clean, a principles-based organization with zero tolerance for corruption; - green, an institution built on respect for the environment.
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