Does China s Foreign Investment Law fall within the scope of international economic law?

Developed countries, in general, have adopted a policy of "big out, big in", so they generally do not regulate investment, and in addition, they also give preferential treatment to developing countries in terms of credit preferences, avoidance of double taxation, and other aid.

Investment control in developing countries is mainly manifested in the following aspects:

1. Examination and approval of foreign investment projects. This is the prominent realization of economic sovereignty in the process of absorbing foreign capital by developing countries, and it is also the primary key to pursuing advantages and avoiding disadvantages in the process of absorbing foreign capital. In China, the competent authority responsible for examining and approving foreign investment is the Ministry of Commerce and the competent departments of the provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, and special economic zones authorized by it.

2. Restrictions on the scope of investment and the proportion of capital contribution. This is a reasonable exception to national treatment. After China's accession to the WTO, China has relaxed the restrictions on the equity ratio of foreign investment, as detailed in the Regulations on Knowing the Direction of Foreign Investment.

3. Restrictions on the right to operate and manage and the employment of employees. Developing countries generally use foreign advanced technology and capital, so they usually require the use of their own workers, and only use foreigners when their own people are not competent. My country is no exception.

4. Restrictions on the investment period. In China, the term of the banking industry is different, and there are generally statutory deadlines for service industries, land development and real estate, and resource exploration.

5. The requirements for the localization of foreign investment usually allow foreign countries to transfer part of their equity to developing countries within a certain period of time, and most of the developing countries require the purchase of the required raw materials in the domestic market.

6. Management and supervision of the behavior of foreign-invested enterprises. This is only for the purpose of preventing foreign-invested enterprises from making illegal profits.

Hope this helps.

Legal Analysis: The implementation of the Foreign Investment Law is conducive to: first, promoting a new system of higher level of openness and further opening up to the outside world; Second, it is conducive to establishing an international image of promoting globalization through active opening up; Third, it is conducive to promoting the high-quality development and stable expectations of China's use of foreign investment; Fourth, it is conducive to protecting the legitimate rights and interests of foreign investment and standardizing the management of foreign investment.

Therefore, the implementation of the Foreign Investment Law is of great significance.

Legal basis: "Foreign Investment Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to further expand opening up, actively promote foreign investment, protect the lawful rights and interests of foreign investment, regulate the management of foreign investment, promote the formation of a new pattern of comprehensive opening up, and promote the healthy development of the socialist market economy.

On January 9, the Fujian ** Business Observation column published "Implementing the Foreign Investment Law and Releasing Policy Dividends for Foreign Investment", introducing the Provincial Department of Commerce to conscientiously implement the "Foreign Investment Law", continuously optimize the business environment, and effectively promote investment promotion.

In accordance with the requirements of the Provincial Party Committee and the Provincial Government, the Provincial Department of Commerce has conscientiously implemented the Foreign Investment Law, and continuously optimized the business environment and effectively promoted investment promotion in five aspects: clear regulations, system building, protection, excellent management, and publicity. In the context of the decline in the total amount of global transnational investment, 2,391 foreign-invested enterprises were newly established in the province in 2019; the new contracted foreign investment was 110.9 billion yuan, a year-on-year increase; The actual use of foreign capital was 100 million yuan, ranking 8th in the country, with a year-on-year increase, exceeding the annual target and task. According to an article by "Fujian Commerce", "The Foreign Investment Law is Coming!

Attached full text)" can be known.

"Foreign investment" as used 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 carried out within the territory of ChinaThis includes the following:

1) Foreign investors alone or jointly with other investors establish foreign-invested enterprises within the territory of China;

2) The foreign investor acquires the shares, equity rights, property shares or other similar rights and interests of enterprises within the territory of China;

3) Foreign investors invest in new projects in China, either alone or jointly with other investors;

4) Other forms of investment as stipulated by laws, administrative regulations or regulations.

"Foreign-invested enterprises" as used in this Law refers to enterprises that are wholly or partially invested by foreign investors and are registered and established within the territory of China in accordance with the laws of China.

The Bidding Law is a civil and commercial law. The Bidding Law emphasizes autonomy of will and provides equal protection to all market entities. Attaching importance to economic goals, focusing on the micro or small view, from the perspective of the driving force required for economic development, and promoting interests by guaranteeing free trade and free competition to improve efficiency.

It is the general name of the legal norms of the state to regulate the bidding activities and adjust the various relationships arising in the process of bidding and bidding.

Article 1 of the Tendering and Bidding Law.

This Law is formulated in order to regulate bidding and bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding and bidding activities, improve the economic efficiency of Zhengpeng, and ensure the quality of projects.

Article 2. This Law shall apply to bidding and bidding activities within the territory of the People's Republic of China.

The Foreign Investment Law aims to innovate the legal system for foreign investment, replace the "Three Laws on Foreign Investment", and become the basic law for foreign investment in China in the new era. The law has a total of 6 chapters, including general provisions, investment promotion, investment protection, investment management, legal liability, and supplementary provisions, a total of 42 articles, which make basic and clear rules for the new legal system of foreign investment. It can be said that the promulgation of the Foreign Investment Law, as the basic law for China's use of foreign capital in the new era, fully demonstrates China's determination and confidence to further expand its opening up and actively promote foreign investment in the new era.

Legal basis: Article 2 of the Foreign Investment Law of the People's Republic of China: This Law applies to foreign investment within the territory of the People's Republic of China (hereinafter referred to as "within the territory of China").

"Foreign investment" as used in this Law refers to investment activities conducted directly or indirectly by foreign natural persons, enterprises or other organizations (hereinafter referred to as "foreign investors") within the territory of China, including the following circumstances: returning to the New Year.

1) Foreign investors alone or jointly with other investors to establish foreign-invested enterprises within the territory of China;

2) The foreign investor acquires the shares, equity rights, property shares or other similar rights and interests of enterprises within the territory of China;

3) Foreign investors invest in new projects in China, either alone or jointly with other investors;

4) Laws, administrative regulations or other methods of investment.

"Foreign-invested enterprises" as used in this Law refers to enterprises that are wholly or partially invested by foreign investors and are registered and established within the territory of China in accordance with Chinese law.