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The "Foreign Investment Law (Draft)" was announced

January 07 2019

In order to further expand opening up, promote foreign investment and protect the legitimate rights and interests of foreign investment. On December 26, 2018, the "Foreign Investment Law (Draft)" was officially announced, and the foreign investment promotion mechanism was further established and improved. This article will list some of the main contents of the "Foreign Investment Law (Draft)":

Investment Promotion:

1. Except as otherwise provided by laws and administrative regulations, the state's policies supporting enterprise development are equally applicable to foreign-invested enterprises.

2. In accordance with the needs of national economic and social development, the State adopts preferential measures to encourage and guide foreign investors to invest in specific industries, fields and regions.

3. The State guarantees that Foreign-funded Enterprises participate in government procurement activities fairly. Government procurement is treated equally according to the products produced by foreign-invested enterprises in China.

Investment Protection:

1. The foreign investor's capital contribution, profits, capital gains, intellectual property rights, and compensation according to law may be freely transferred in RMB or foreign exchange according to law.

2. The State protects the intellectual property rights of foreign investors and foreign-invested enterprises in accordance with the law, protects the legitimate, and encourages the implementation of technical cooperation on voluntary principles and business rules.