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Land lease and mortgage of land Univ.-Prof. Dr. Horst Hammen

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1 Land lease and mortgage of land Univ.-Prof. Dr. Horst Hammen
in the DPRK Univ.-Prof. Dr. Horst Hammen Professor of Civil Law, Commercial and Corporate Law, German and European banking and capital markets law Justus-Liebig-University, Giessen Repetitorium Handelsrecht | Christian Horz

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4 North Korea has a socialist planned economy.
I. Economic conditions North Korea has a socialist planned economy. The GDP is probably between 25 and 30 billion USD. The infrastructure is acceptable in the Pyongyang-Nampho area. Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

5 Repetitorium Handelsrecht | Christian Horz

6 North Korea has a socialist planned economy.
I. Economic conditions North Korea has a socialist planned economy. The GDP is probably between 25 and 30 billion USD. The infrastructure is acceptable in the Pyongyang-Nampho area. The school education is relatively good. In foreign language high school, English is taught as a first foreign language and German as a second in the future. Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

7 II. Foreign Investment Policy of the DPRK
Promotion of foreign investments in the DPRK in the areas of industry, agriculture, construction, transport, communication, science, technology, tourism, commerce, financial services Incentives: Reduction of income tax, profit repatriation guarantee Settling in Special Developement Zones [SDZs] Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

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9 II. Foreign Investment Policy of the DPRK
Promotion of foreign investments in the DPRK in the areas of industry, agriculture, construction, transport, communication, science, technology, tourism, commerce, financial services Incentives: Reduction of income tax, profit repatriation guarantee Settling in Special Developement Zones [SDZs] Types of Business: Contractual Joint Venture Equity Joint Venture Wholly Foreign-owned Enterprises (only in some SDZs) Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

10 III. Example: Jindo export processing zone
- Location: Ryongnam-ri, Wando District, Nampho Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

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12 III. Example: Jindo export processing zone
- Location: Ryongnam-ri, Wando District, Nampho Area of Development: 1.8 km² Importing raw materials for the production of light industry and chemical goods and exporting them - Joint development or solely a foreign enterprise Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

13 IV. Legal framework for foreign investments
Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

14 IV. Legal framework for foreign investments
- Art. 37 Constitution of the DPRK - Law on foreign investments - Law on wholly foreign-owned enterprises - Taxation Law for foreign-invested businesses - Labour law for foreign-invested businesses - Law on land lease Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

15 V. Law of the DPRK on land lease
- Art. 21, 22 Constitution of the DPRK - Personal ownership of land is not allowed - Land lease to foreign investors - Contract of land lease - Limit of 50 years - Rental charge plus cost of land developement - Annual fee for use of the land - Transfer the right to use land - Return of land use right Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen

16 VI. Mortgage of the right to use land
- Art. 21 of the land lease law - Applicable only to foreign private dealings - Object of land mortgage is the right to use land - Structures on the land shall also be mortgaged Land lease and mortgage of land in the DPRK | Prof. Dr. Horst Hammen


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