The purpose of formulating the foreign investment law is to further expand opening up, actively promote foreign investment, protect the legitimate rights and interests of foreign investment, promote the formation of a new pattern of all-round opening up and promote the healthy development of the socialist market economy.
The foreign investment promotion system is mainly embodied in the following five aspects: establishing national treatment before entry and negative list system; (2) enhancing the transparency of foreign investment policies; (three) to ensure that foreign-invested enterprises participate in market competition on an equal footing; (4) strengthening foreign investment services; (5) Encourage and guide foreign investment according to law.
Two. A foreign investment protection system has been established.
In order to strengthen the protection of the legitimate rights and interests of foreign investment, the general provisions of the Foreign Investment Law stipulate that the state protects the investment, income and other legitimate rights and interests of foreign investors in China according to law. At the same time, a special chapter on "investment protection" has been set up, which provides legal protection for foreign investment in four aspects.
(1) Strengthening the protection of property rights of foreign-invested enterprises. Article 20 of the Foreign Investment Law stipulates that the state shall not tax the investment of foreign investors; Under special circumstances, the state may expropriate or requisition the investment of foreign investors in accordance with the law for the needs of public interests. Expropriation and requisition shall be carried out in accordance with legal procedures, and fair and reasonable compensation shall be given in time. Article 21 stipulates that foreign investors' capital contribution, profits, capital gains, income from asset disposal, royalties from intellectual property rights, compensation or compensation obtained according to law, liquidation income, etc. Within the territory of China, it can be freely remitted according to law and remitted in RMB or foreign exchange. Article 22 stipulates that the state protects the intellectual property rights of foreign investors and foreign-invested enterprises and encourages technical cooperation based on the principle of voluntariness and commercial rules.
(2) Strengthen the constraints on the formulation of foreign-related normative documents. Article 23 of the Foreign Investment Law stipulates that people's governments at all levels and their relevant departments shall formulate normative documents concerning foreign investment in accordance with the provisions of laws and regulations; Without the basis of laws and administrative regulations, the legitimate rights and interests of foreign-invested enterprises shall not be harmed or their obligations increased, market access and exit conditions shall not be set, and the normal production and operation activities of foreign-invested enterprises shall not be interfered.
(3) Urge local governments to keep their promises. Article 24 of the Foreign Investment Law stipulates that local people's governments at all levels and their relevant departments shall strictly fulfill their policy commitments and various contracts concluded according to law; If it is necessary to change government commitments and contractual agreements because of national interests or public interests, it shall be carried out in strict accordance with legal authority and procedures, and compensate foreign investors and foreign-invested enterprises for their losses.
(4) Improve the complaint mechanism of foreign-invested enterprises. Articles 25 and 26 of the Foreign Investment Law stipulate that the state shall establish a complaint mechanism for foreign-invested enterprises, coordinate and improve major policies and measures in the complaint work of foreign-invested enterprises, and solve problems reflected by foreign-invested enterprises in a timely manner; Foreign investors and foreign-invested enterprises can establish and voluntarily join chambers of commerce and associations according to law to safeguard their legitimate rights and interests.
Three. Established a foreign investment management system.
In order to strengthen the management of foreign investment, the Foreign Investment Law has made provisions from four aspects: (1) implementing the negative list management system of foreign investment; (2) Defining the approval and filing system for foreign-invested projects; (3) Establishing a foreign investment information reporting system stipulated by the state; (4) A safety review system for foreign investment has been established.
Legal basis: Article 2 of Foreign Investment Law of People's Republic of China (PRC) This Law is applicable to foreign investment in People's Republic of China (PRC) (hereinafter referred to as China). Foreign investment as mentioned in this Law refers to the investment activities directly or indirectly carried out by foreign natural persons, enterprises or other organizations (hereinafter referred to as foreign investors) in China, including the following situations:
(1) Foreign investors set up foreign-invested enterprises in China alone or jointly with other investors;
(two) foreign investors in China to obtain shares, equity, property shares or other similar rights and interests of enterprises;
(3) Foreign investors invest in new projects in China alone or jointly with other investors;
(4) Other investment methods stipulated by laws, administrative regulations or the State Council.
Foreign-invested enterprises mentioned in this Law refer to enterprises wholly or partially invested by foreign investors and incorporated in China according to the laws of China.