Ministry Of Commerce: Regulations For The Implementation Of The Foreign Investment Law Will Be Promulgated

Business news on December 20

At a regular press conference held by the Ministry of Commerce on September 19, a spokesperson Gao Feng replied to a question from the reporter of the economic reference newspaper, saying that according to the relevant deployment of the State Council, the Ministry of justice, together with the Ministry of Commerce and the national development and Reform Commission, drafted the regulations for the implementation of the foreign investment law. Focusing on the concerns of foreign businessmen, the relevant matters were implemented and clarified from the administrative level, which is highly operable , the text of the regulations will be published in the near future. In addition, other relevant supporting provisions of the foreign investment law are also implementing relevant procedures, which will be officially announced soon.

According to the division of responsibilities, each department formulated the supporting provisions of the foreign investment law, and detailed the investment promotion, protection and management responsibilities determined by the law. For example, the Ministry of Commerce, together with the State Administration of market supervision, is working out the measures for the report of foreign investment information, which will further refine the scope, subject and content of the report. "These Regulations are currently in the process of implementation and will be officially announced soon."

Gaofeng also said that the Ministry of Commerce, the national development and Reform Commission and the Ministry of justice have organized all regions and departments to comprehensively clean up the existing relevant and effective laws, regulations and normative documents, repeal or modify the provisions that are inconsistent with and do not link up with the foreign investment law, which has been initially completed. Relevant working procedures will be completed as soon as possible with all regions and departments, and relevant information will be published in time to ensure that the provisions inconsistent with the foreign investment law and its implementing regulations will not be implemented since January 1, 2020.

In addition, with regard to the highlights of the regulations on the implementation of the foreign investment law, Gaofeng told reporters that the regulations strictly implement the legislative principles and purposes of the foreign investment law, focus on the concerns of foreign businessmen, and implement and clarify the relevant matters from the level of administrative regulations, with strong operability. In general, it has three main characteristics: first, it strengthens the consistency of domestic and foreign investment; second, it strengthens investment protection; third, it strengthens legal responsibility.

Among them, in terms of strengthening the consistency between domestic and foreign investment, it is stipulated that the domestic and foreign-funded enterprises shall be treated equally in project application, land supply, tax deduction, qualification license, etc.; the foreign-funded enterprises shall equally participate in the formulation and revision of national, industrial, local and other standards according to law; the government and its relevant departments shall not restrict the foreign-funded enterprises to enter the government procurement market or implement differential and discriminatory treatment.

In terms of strengthening investment protection, it is stipulated that expropriation shall be carried out in accordance with legal procedures and regulations, and compensation shall be given in accordance with market value; it is prohibited to use administrative licensing, administrative punishment and other means to force or transfer technology in disguised form; local governments and their relevant departments shall not violate the policy commitments and contracts made in accordance with the law on the grounds of zoning adjustment, government change of office and change of responsible person The people's government at or above the county level and its relevant departments shall establish and improve the complaint mechanism of foreign-funded enterprises.

"The text of the regulations will be published in the near future. We will earnestly implement the foreign investment law and its implementing regulations, and create a legal and international business environment of equal treatment, fair competition, openness and transparency for Chinese and foreign enterprises, including Hong Kong, Macao and Taiwan enterprises. " Gao Feng said.


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