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Introduction of Legal system relating to Investment in China

Time:2017-07-08 20:48:44Source:Click:

 

The Chinese legal system regarding investment in China by overseas firms and individuals was started to be formed in late 1970’s. From then, Chinese government has gradually set up a relatively complete legal system, and constituted a foreign investment policy system.
As for the legal framework, the main laws and regulations for foreign investments in China include:
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 the Protection Taiwan Compatriots' Investment.
Note: The above four major laws has been amended in 2016 to meet the trend of investment by foreign investors.
Other guiding policies and regulations
* Provisions on Guiding Foreign Investment Direction;
Industrial Catalogue for Foreign Investment;
Catalogue of Advantageous Sectors for Foreign Investment in Central and Western Regions;
(Note: the related laws and regulations also apply to the investments from Hong Kong, Macao and Taiwan in China mainland.)
Apart from the above laws and regulation on foreign investment, other general Laws and Regulations shall also be considered when invest in China including but not limited to:
* The Company Law of the People's Republic of China;
* The Contract Law of the People's Republic of China;
* The Insurance Law of the People's Republic of China;
* The Arbitration Law of the People's Republic of China;
* The Labor Law of the People's Republic of China;

International Treaties
* Bilateral Investment Treaties;
* Bilateral Agreement on the Avoidance of Double Taxation.