China eyes further opening-up in updated draft foreign investment law

0 Comment(s)Print E-mail Xinhua, January 29, 2019
Adjust font size:

The Standing Committee of the National People's Congress (NPC) on Tuesday started reviewing a new draft of the foreign investment law, the latest move to promote the country's opening-up initiative.

During the two-day session, members of the top legislature are scheduled to deliberate a new version of the draft law, which has been updated from the first draft submitted to the previous session last month.

Once adopted, the unified law will replace three existing laws on Chinese-foreign equity joint ventures, non-equity joint ventures (or contractual joint ventures) and wholly foreign-owned enterprises.

Highlights of new draft

To better implement the report of the 19th National Congress of the Communist Party of China in 2017, the new draft further expanded the article on the system of pre-establishment national treatment plus a negative list, said Li Fei, chairman of the NPC Constitution and Law Committee, while presenting the new draft to lawmakers.

Definitions of the terms were included in the article, in addition to a clause requiring the state to give national treatment to foreign investments outside the negative list.

It also stipulated that foreign invested enterprises have equal access to favorable policies for enterprises.

In line with provisions in the Constitution, the new draft proposes that the state shall not expropriate or requisition foreign investment, except under particular circumstances and in the public interest.

If the state expropriates or requisitions foreign investment, "due legal procedures must be followed while prompt, fair and reasonable compensation should be made," it noted.

The new draft also included regulations regarding antitrust examination on mergers and acquisitions by foreign businesses, and penalties on failure to report their investment information to related authorities.

Accelerated legislation

In late December, the original draft was submitted to the NPC Standing Committee for its first reading.

When introducing the draft to lawmakers, Justice Minister Fu Zhenghua said the current laws could hardly catch up with the changing requirements in building a new system of open economy.

"There is an urgent need for such a unified law to provide stronger legal protection for further expanding opening up and better using foreign investment," Fu said.

During the deliberation in December, many lawmakers called for prompt deliberation of the draft law.

Noting that the existing three laws were adopted by the NPC, Li Fei said then the new law replacing them should also be put to a vote at an NPC plenary session.

Afterwards, the draft was distributed to agencies at the central and local governments, a number of institutions of higher learning and research organizations to solicit opinions.

The NPC Standing Committee also published the draft online to seek public comments until Feb. 24. Suggestions from nearly 500 users have been received so far.

Multiple commissions of the NPC also discussed with central government agencies, experts, foreign business chambers and foreign companies to hear their opinions.

Follow on Twitter and Facebook to join the conversation.
ChinaNews App Download
Print E-mail Bookmark and Share

Go to Forum >>0 Comment(s)

No comments.

Add your comments...

  • User Name Required
  • Your Comment
  • Enter the words you see:    
    Racist, abusive and off-topic comments may be removed by the moderator.
Send your storiesGet more from