Implementing Regulation for Foreign Investment Law heralding a New Era of Foreign Investment Regime in China

Citationjd0069
Date08 January 2020
Published date08 January 2020
Subject MatterForeign Investment
2020/10/20
Implementing Regulation for Foreign Investment Law heralding a New Era of Foreign Investment Regime in China | China Law Insi
https://www.chinalawinsight.com/2020/01/articles/foreign-investment/implementing-regulation-for-foreign-investment-law-heralding-a-new-era-of-
1/11
CHINA LAW INSIGHT
Implementing Regulation for Foreign Investment
Law heralding a New Era of Foreign Investment
Regime in China
By King & Wood Mallesons on January 8, 2020
By Xu Ping, Yao Lijuan, Feng Caihong, Yao Ping, Zhu Jiancheng
On December 31, 2019, the State Council of China published the Implementing
Regulation for the Foreign Investment Law of the PRC (the “FIL Implementing
Regulation”). The FIL Implementing Regulation, together with the Foreign Investment
Law (the “FIL”), came into force the very next day – January 1, 2020 – heralding a new
era of foreign investment regime in China. The key word for the new regime is “national
treatment”, replacing “governmental approvals”. The foreign investment vocabulary will
also receive an overhaul, concepts such as “Sino-foreign joint venture”, “total investment”
and “joint venture contract”, which were specifically used for Sino-foreign joint ventures,
will phase out.
It took the Ministry of Justice (MOJ), the Ministry of Commerce (MOFCOM) and the
National Development and Reform Commission (NDRC) 9 months to draft the FIL

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT