Liu Junchen: The draft foreign investment law highlights promotion and protection
Yesterday afternoon, at the plenary meeting, Chairman Li Zheshu put forward requirements for the real estate tax legislation in the work report of the Standing Committee of the National People's Congress. According to the legislative plan of the Standing Committee of the National People's Congress, the relevant parties are now studying the draft of the real estate tax law. The relevant work is steadily working. Advance. This is the first question.
Why did the reporter’s foreign investment just now have a special law? What good is it. Perhaps everyone has already seen the explanation of the legislation in the plenary session by Vice Chairman Wang Chen yesterday. There is a very comprehensive introduction here. I think that in the first spring after 40 years of reform and opening up, the National People's Congress deliberated on the draft foreign investment law, which shows that China's determination and will to carry out reform and opening up are of great significance and far-reaching significance. "The two words, I think it is a positive and a major benefit." The rule of law is the best business environment. In the early days of reform and opening up, we formulated the "three foreign laws" and played an important role in safeguarding and regulating foreign investment. After several decades, the "three foreign laws" at that time could not In order to fully adapt to the development and changes of the situation, in order to adapt to the needs of building an open economic system in the new era, it is very necessary to formulate a unified new basic law in the field of foreign investment. Therefore, the formulation of the foreign investment law should be said to be an inevitable requirement for us to further expand our opening up. It is to implement the decision-making arrangements of the Party Central Committee, to construct a new type of foreign investment management system, and to unify the inevitable requirements of domestic and foreign investment laws. This is a large legislative background.
According to the new situation and new requirements, formulating a new foreign investment law to replace the "three foreign laws", it should be said that it can be expected to play the role of the rule of law, solid foundation, stable expectations, and long-term security, and will certainly improve China's opening up to the outside world. To a new level. I think it can be seen from several aspects: First, from the positioning of this law, Vice Chairman Wang Chen said yesterday that the Foreign Investment Law is the basic law in the field of foreign investment. What is the basic law? I understand that it is the role of the leading role and plays a leading role. The main point of this law is to establish the basic framework, basic rules and basic norms of the new legal system for foreign investment in foreign countries, and to establish the four pillars and eight pillars of China's new foreign investment management system. This is what it means. After the adoption of this law, it will certainly draft corresponding supporting laws and regulations, so that it can stabilize expectations and establish an open, transparent and predictable environment for the rule of law.
Second, from the main content or from the core terms, the current content of the draft foreign investment law is a new management system that imposes a national list of foreign investment and a negative list on the issue of national treatment. Generally speaking, the national treatment in the international field generally enjoys national treatment after admission. The current draft foreign investment law stipulates that the pre-entry national treatment is in the stage of foreign investment, except for the areas specified in the negative list, in other fields. Give national investors a national treatment. The standard statement is that the draft foreign investment law is called to treat foreign investors and their investments at no less than domestic investors and their investments in the foreign investment phase. This is to postpone the national treatment from the post-admission adjustment to the admission stage. This is the liberalization and facilitation of high-level investment.
Third, from the perspective of legislative purposes, from the perspective of the main tone, what is the prominent draft of the Foreign Investment Law? It is promotion and protection. Therefore, this law is a promotion law and protection law for foreign investment, highlighting the main tone of actively expanding opening up and promoting foreign investment. This is its characteristic. In view of some problems existing in the field of foreign investment, this draft law echoes, and there are many specific provisions, such as emphasizing the openness and transparency of foreign investment policies, emphasizing that foreign-invested enterprises can participate in competition on an equal footing, emphasizing local governments to keep promises. . To give an example, for example, local governments have formulated policy documents on foreign investment, and there are clear requirements in the draft law. The first is to formulate measures to promote facilitation, such as “distribution services”. The second is to comply with legal procedures and statutory authority. The third is to comply after the formulation, and the policy commitments must be observed. It can be expected that the new foreign investment law for foreign investment is a major positive for reform and opening up, and can further raise China’s opening up to a new level.