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Foreign Investment Law draft implementation approved
Published on: 2019-12-25
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034China has approved a draft implementation regulation of the Foreign Investment Law in a bid to foster a more inviting environment for foreign investors and better address their concerns through the building of a sound legal framework.
 

The draft was approved at a State Council executive meeting on Thursday chaired by Premier Li Keqiang. It is aimed at facilitating implementation of the Foreign Investment Law, which was passed in March, and is scheduled to take effect on January 1.

032The regulation stipulates that forced technology transfer requirements for foreign investors and companies, either through administrative licenses or other means, are prohibited.
 

It clearly requires equal treatment of domestic and foreign businesses regarding land supply, taxation and fee arrangements.

035Foreign companies are entitled to equal participation in the formulation and revision of national, industrial and local standards in accordance with the law. They can make standards-related recommendations, and undertake such work as standard-setting.
 

Government departments shall not hinder foreign companies from entering government procurement bidding processes, or treat them in any discriminatory fashion.
 

The new regulation stipulates that local governments and departments are not allowed to violate or renege on policy commitments or agreed contracts made in accordance with the law under the excuse of adjustment in administrative jurisdiction or government transition.

036When reviewing applications for market-access licenses in certain industries, government departments are not allowed to set discriminatory requirements targeting foreign investors in terms of licensing conditions, application materials, review procedures and time limits.
 

Any moves that violate the above articles will face legal consequences, according to the regulation.
 

It also noted that investors from Hong Kong and Macao shall refer to the Foreign Investment Law and the implementing regulation when investing on the Chinese mainland. For investment on the Chinese mainland made by investors from Taiwan, the Law on the Protection of Investment by Taiwan Compatriots and its implementing regulation shall be applied, and matters not covered shall be addressed by the Foreign Investment Law and the implementing regulation.

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