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Foreign Investment Law of the People's Republic of China.

Country
Type of law
Legislation
Source

Abstract
This Law is enacted on the basis of the Constitution to further expand the scope of opening-up, to actively promote foreign investment, to protect the lawful rights and interests of foreign investment, to standardize the regulation of foreign investment, to make new grounds in opening up on all fronts, and to promote the healthy development of the socialist market economy.
"Foreign investment" as used in this Law refers to the investment activities in mainland China conducted directly or indirectly by natural persons, enterprises, or other organizations of foreign countries. The State adheres to the basic state policy of opening up and encourages foreign investors to invest in mainland China in accordance with law. The State implements the management scheme of pre-establishment national treatment plus negative list with respect to foreign investment. As used in the previous paragraph, "pre-establishment national treatment" refers to affording foreign investors and their investments treatment, during the investment access stage, no less favorable than that afforded to Chinese domestic investors and their investments; and "negative list" refers to the special administrative measures on access that are implemented in certain fields for foreign investment as prescribed by the State (Art.4). The State protects the investment, proceeds, and other lawful rights and interests of foreign investors in mainland China according to law (Art.5). The State establishes multilateral or bilateral cooperation mechanisms on investment promotion with other countries and regions or international organizations and strengthens international communication and cooperation in the field of investment (Art.12). Where foreign investors invest in industries or fields for which a license needs to be obtained according to law, they shall perform the relevant formalities for the license in accordance with law (Art.30).
The Law further makes provisions for offences and penalties.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No