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Issue 46-October 2020 Veritas Update
Release date:
2020-10-31

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Issue 46-October 2020 Veritas Update


CATALOG


Latest Hot Spot

     Guidelines for National Complaint Center of Foreign-invested Enterprises Released by MOFCOM

    Guidelines for People’s Court Services to Ensure Further Opening-up to Foreign Investors Issued by SPC

    MOFCOM: Significant Increase of Encouraged Items in Catalogue of Industries for Guiding Foreign Investment


New Law Express


Regulation on Foreign Investment in Shanghai to Take Effect in November 2020




【Latest Hot Spot】


Guidelines for National Complaint Center of Foreign-invested Enterprises Released by MOFCOM



The Ministry of Commerce (“MOFCOM”) released on September 30, 2020 Guidelines for National Complaint Center of Foreign-invested Enterprises (“Guidelines”).

The Guidelines stipulate that complaints shall not be accepted under certain circumstances, including complaints not filed by foreign-invested enterprises or foreign investors, applications seeking to mediate civil or commercial disputes with other natural persons or legal entities as well as complaints of the sorts not supposed to be handled by National Complaint Center of foreign-invested enterprises.

(Sourced by: Official Website of the Ministry of Commerce)



Guidelines for People’s Court Services to Ensure Further Opening-up to Foreign Investors Issued by SPC


The Supreme People's Court (“SPC”) released on September 25, 2020 Guidelines for People’s Court Services to Ensure Further Opening-up to Foreign Investors  (“Guidelines”).


The Guidelines propose four measures to improve the application of foreign-related laws and regulations. The first is to make accurate application of international treaties, conventions and proper laws; the second is to implement the civil code effectively, perfect judicial interpretations, and apply foreign investment laws and the corresponding judicial interpretations accurately; the third is to push for amendments to domestic marine laws and active participation in international trade rules and standards; and the fourth is to release guiding and typical cases in multiple languages to increase oversea companies' understanding and trust in Chinese laws.

(Sourced by: Chinacourt.org)



MOFCOM: Significant Increase of Encouraged Items in Catalogue of Industries for Guiding Foreign Investment


On September 8, 2020, Wang Shouwen, Vice Minister of the Ministry of Commerce (“MOFCOM”), said when at presence in the launching ceremony of Cloud Investment Fair that MOFCOM was speeding up the amendments to Catalogue of Industries for Guiding Foreign Investment, and would significantly increase encouraged items herein to support foreign enterprises enjoying the relevant preferential policies.

Wang emphasized that MOFCOM would keep implementing Negative List for Foreign Investment Access, expanding the range of encouraged foreign-invested items and inviting more foreign companies to share Chinese market and opportunities. Meanwhile, it would further establish and improve the service system for foreign investments, help solve difficulties and problems in the operation of foreign-invested enterprises, earnestly implement the Foreign Investment Law and its supporting provisions so as to create a stable, fair, transparent and predictable business environment.

(Sourced by: Chinacourt.org)



【New Law Express】


Regulation on Foreign Investment in Shanghai to Take Effect in November 2020


The Standing Committee of Shanghai Municipal People's Congress recently released Regulation on Foreign Investment in Shanghai (“Regulation”), which is to be implemented from November 1, 2020.

According to the Regulation, the people's courts in Shanghai shall speedily accept and examine applications of evidence & act preservation filed by foreign investors and foreign-invested enterprises, make rulings according to the laws and enforce them accordingly at once. With respect to repeated infringements, malicious and serious infringements, the courts shall impose punitive penalties according to the law. In addition, the courts shall issue law application guidelines and release typical cases regarding judicial protection on intellectual property rights in Chinese and English languages.

(Sourced by: Official Website of Shanghai Municipal People's Congress)



About Veritas

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