The "Foreign Investment Law of the People's Republic of China" was adopted at the Second Session of the Thirteenth National People's Congress on 15 March 2019, rushed through drafting and acceptance in a manner rarely seen in recent legislative history. It instructs the State to adopt a system of national treatment applicable to all which do not fall into the so-called "negative list" and cancels the current market access mechanism. The Law is also meant to provide guidance in many areas of concern for foreign investors such as expropriation and compensation, intellectual property protection and technology transfer.
Coming into effect on 1 January 2020, the new Law will replace a number of current rules regulating foreign investment and governance structures in China. However, does the new Law achieve all that it has set out to achieve? Are there still issues? Do we require more clarification of the Law? Should we be engaging with the Chinese Government to further improve it?
Speaker & Moderator
Publications and Communications Director of AmCham Shanghai
Managing Associate at Linklaters LLP
The Westin Bund Center Shanghai
88 Henan Zhong Lu
Shanghai Shi, China
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