Foreign Investment Law Chapter 6

Foreign Investment Law of the People's Republic of China Chapter VI Supplementary Provisions Article 40 If any country or region adopts discriminatory prohibitions, restrictions or other similar measures on the People's Republic of China, the People's Republic of China may take corresponding measures against the country or the region according to actual conditions. Article 41 If the State provides other provisions for foreign investment in the banking, securities, insurance and other financial industries, or in the securities market, foreign exchange market and other financial markets within the territory of China, such provisions shall be applicable. Article 42 This Law shall come into force on January 1, 2020. The Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures, the Law of the People's Republic of China on Wholly Foreign-owned Enterprises, and the Law of the People's Republic on Sino-Foreign Contractual Joint Ventures shall …
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  • 2019-10-09
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Foreign Investment Law Chapter 5

Foreign Investment Law of the People's Republic of China Chapter V Legal Liability Article 36 Where a foreign investor invests in the areas, which are specified by the negative list for the admission of foreign-investment as prohibited areas, the relevant competent department shall order it to stop the investment activities, and dispose of the shares, assets or take other necessary measures within a specified time limit, and restitute to the status before the investment was made; If there is illegal income, it shall be confiscated. Where the investment activities of a foreign investor violates the special management measures for the admission of foreign-investment regarding restricted areas in the negative list, the relevant competent department shall order the correction within a specified time limit and take necessary measures to meet the conditions set forth by the special management measures for the admission of foreign-investment; if no corrections have been m…
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  • 2019-10-09
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Foreign Investment Law Chapter 4

Foreign Investment Law of the People's Republic of China Chapter IV Investment Management Article 28 Foreign investors shall not invest in the areas where investment is prohibited under the negative list for the admission of foreign investment . Foreign investors shall meet the conditions set forth in the negative list for the admission of foreign investment to invest in the areas where investment is restricted under the negative list. Management of foreign investment in the areas beyond the negative list shall be implemented in accordance with the principle of equality between domestic and foreign investment. Article 29 If foreign investment is required to go through the approval or investment project record procedure, it shall be implemented in accordance with relevant provisions. Article 30 If a foreign investor invests in an industry or sector where legal permission is required for investment, it shall go through relevant licensing procedures i…
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  • 2019-10-09
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Foreign Investment Law Chapter 3

Foreign Investment Law of the People's Republic of China Chapter III Investment Protection Article 20 The State does not expropriate foreign investment. Under extraordinary circumstances, the State may expropriate and requisition the investment of foreign investors in accordance with the law and for the needs of the public interest. The expropriation and requisition shall be conducted in accordance with legal procedures and timely and reasonable compensation shall be given. Article 21 Foreign investors' capital contribution, profits, capital gains, assets disposal income, intellectual property license fees, legally obtained damages or compensation, liquidation proceeds, etc., may be freely remitted to overseas in RMB or foreign exchange according to law. Article 22 The State protects the intellectual property rights of foreign investors and foreign-invested enterprises, protects the legitimate rights and interests of intellectual property rights holde…
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  • 2019-10-09
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Foreign Investment Law Chapter 2

Foreign Investment Law of the People's Republic of China Chapter II Investment Promotion Article 9 Foreign-invested enterprises may, in accordance with the law, equally enjoy the State policies concerning the support of enterprise development. Article 10 Before the formulation of laws, regulations and rules related to foreign investment, appropriate measures shall be taken to solicit opinions and suggestions from foreign-invested enterprises. Normative and adjudicative documents related to foreign investment shall, according to law, be made public in a timely manner. Article 11 The State establishes and improves a system serving foreign investment to provide consultation and services to foreign investors and foreign-invested enterprises on laws and regulations, policy measures, and investment project information. Article 12 The State establishes multilateral and bilateral investment promotion cooperation mechanisms with other countries and regions…
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  • 2019-10-09
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Foreign Investment Law Chapter 1

Foreign Investment Law of the People's Republic of China Chapter I General Provisions Article 1 In order to further expand opening up, actively promote foreign investment, protect the legitimate rights and interests of foreign investment, standardize foreign investment management, facilitate the formation of a comprehensive and new opening-up pattern, and promote the healthy development of the socialist market economy, this Law is enacted in accordance with the Constitution. Article 2 This Law applies to foreign investment in the territory of the People's Republic of China (hereinafter referred to as “within the territory of China”). Foreign investment mentioned in this Law refers to the investment activities of foreign natural persons, enterprises or other organizations (hereinafter referred to as foreign investors) directly or indirectly within the territory of China, including the following: (1) Foreign investors set up foreign-invested enterprises in Ch…
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  • 2019-10-09
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