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Law

Draft Beijing Foreign Investment Regulations Submitted for Second Review, Establishing and Improving Key Foreign Investment Project Service Mechanisms

2024-04-02   

The Draft Regulations on Foreign Investment in Beijing have recently been submitted for second review at the 9th meeting of the 16th Standing Committee of the Beijing Municipal People's Congress. The second draft further highlights the brand and characteristics of "Beijing Services", proposing to promote the entry of foreign investment government services into government service centers, implement comprehensive window acceptance, and establish a sound service mechanism for key foreign investment projects, providing full process services for project negotiation, signing, registration, and operation, and coordinating and solving problems in project promotion. The second draft of the draft clarifies in the General Provisions that Beijing will implement a national treatment plus negative list management system for foreign investment access in accordance with the law. The negative list stipulates that foreign investors are not allowed to invest in areas prohibited from investment; The negative list stipulates restricted investment areas, and foreign investors who invest should comply with the special management measures for restricted access stipulated in the negative list. In accordance with the legislative objectives of promoting foreign investment, protecting the legitimate rights and interests of foreign investment, regulating foreign investment management, promoting high-level opening up and high-quality development, serving and integrating into the new pattern of comprehensive opening up, the second draft of the draft clearly stipulates that foreign-invested enterprises shall equally apply various policies supported by the state and the city for enterprise development in accordance with the law. When formulating policies and measures closely related to market access, industrial development, investment attraction, bidding and tendering, government procurement, business behavior norms, qualification standards, and other production and operation activities of market entities, the municipal and district people's governments and their relevant departments shall conduct fair competition reviews and shall not formulate, implement or indirectly implement discriminatory policies and measures against foreign-invested enterprises. In terms of investment protection, the second draft stipulates that the intellectual property department of Beijing should work together with relevant departments to establish a rapid collaborative protection mechanism for intellectual property and a diversified dispute resolution mechanism, and equally protect the intellectual property rights of foreign investors and foreign-invested enterprises. People's courts at all levels shall accept, review, and make rulings on applications for property preservation, evidence preservation, and behavior preservation involving intellectual property rights in accordance with the law and on schedule; For intellectual property infringement cases, the punitive compensation system for infringement shall be applied in accordance with the law. The second draft also proposes to establish and improve a diversified dispute resolution mechanism that integrates and coordinates mediation, arbitration, administrative adjudication, administrative reconsideration, litigation, etc., providing efficient and convenient dispute resolution channels for foreign-invested enterprises. (Lai Xin She)

Edit:Yi Yi Responsible editor:Jia Jia

Source:http://www.legaldaily.com.cn

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