6379141154297896778949003.pdf
Content of the Current Issue
lLatest Issues of General Concern
The “Catalogue of Encouraged Industries for Foreign Investment”, 2022 Edition is being revised
lNew Law Express
The Shanghai Notary Association announced the 'Notification on Issuing Event of Force Majeure Factual Notarization for Enterprises Related to ' Corona Virus Disease 2019 ' and the Resumption of Work and Production Notarization”
【Latest Issues of General Concern】
The “Catalogue of Encouraged Industries for Foreign Investment”, 2022 Edition is being revised
Pursuant to the Foreign Investment Law and the Regulations on the Implementation of the Foreign Investment Law, China has formulated a catalogue of encouraged industries for foreign investment with an objective of meeting national economic and social development need. The catalogue, purports to list out and guide foreign investors to invest on specific industries, fields and regions that are encouraged by the State for foreign investment. The current Catalogue is the 2020 edition.
In accordance with the spirit of President Xi Jinping's speech at the opening ceremony of the Fourth China International Import Expo and the deployment of the State Council, ,the National Development and Reform Commission and the Ministry of Commerce have, since November 2021, been widely soliciting opinions from local governments, relevant departments, business associations and enterprises, and on the basis of these opinions formulated the Catalogue of Encouraged Industries for Foreign Investment (2022 Edition)(Solicitation of Comments).
The overall consideration on the current revisions is to make a 'total increase of encouraged items, and structural optimization.' Compared to the 2020 edition, the Catalogue of Encouraged Industries for Foreign Investment (2022 Edition) (Solicitation of Comment) increased 238 more items, with 114 amendments (mainly to expand the areas covered by the original items) and the deletion of 38 items. Amongst which, 50 items were added to the National Catalogue of Encouraged Industries for Foreign Investment (the “National Catalogue”), 62 items had been revised and 14 items deleted; The Catalogue of Foreign-invested Industries Having Competitive Advantage in the Central and Western Regions (the “Catalogue of Central and Western Regions) added 188 items, revised 52 items and deleted 24 items.
Major revisions: First, it is necessary to continue to encourage foreign investment in manufacturing industry. New or expanded items of original components, parts and components, equipment manufacturing and other items are added on the National Catalogue. Second, it is essential to continue to encourage foreign investment in production industry. New or expanded items of professional design, technical services and development are added on the National Catalogue. Third, to continue to encourage foreign investment in the Central, Western and Northeast Regions. The Catalogue of Central and Western China has added or expanded related items according to the competitive advantages of local labor forces and resources having special characteristics as well as the needs for attracting investment.
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【New Law Express】
The Shanghai Notary Association announced the 'Notification on Issuing Event of Force Majeure Factual Notarization for Enterprises Related to ' Corona Virus Disease 2019 ' and the Resumption of Work and Production Notarization”
Due to the recent adverse effect of COVID-19, enterprises in Shanghai, especially import and export enterprises, have not been able to perform their contracts, including trading contracts, at all or on time. In order to assist these affected enterprises to resume work and production, safeguarding their legitimate rights and interests, and reducing the risk for breach of contract in accordance with the law, the Shanghai's notary profession provides enterprises with event of force majeure factual notarization related to the COVID-19 pandemic and notary services related to resumption of work and production.
When issuing factual notarizations related to the COVID-19 pandemic, it is necessary for a notary institution to take the pandemic prevention and control notices and regulations issued by different regional governments into consideration, and to analyze the actual impact of local prevention and control measures on subject contractual performance. Affected enterprises are required to submit supporting materials in their request for notarization services.
The relevant supporting materials that enterprises are required to submit for notarization of factual certificates related to the COVID-19 pandemic are as follows:
1. The applicant's main qualification certification materials, such as a copy of the enterprise's business license, a copy of the legal representative's ID card or relevant authorization documents
2. Materials supporting that the enterprises are unable to perform as scheduled or at all, such as trade contracts, cargo booking agreements, freight forwarding agreements, customs declarations, etc.
3. Pandemic prevention and control notices and regulations issued by relevant governments and institutions.
4. A statement bearing the official seal of the affected enterprise clearly setting out the logical relationship between the inability to perform the contract and the relevant pandemic prevention and control requirements; and.
5. Such other supporting materials as required for the issuance of factual certificates related to the COVID-19 pandemic.
For an application for force majeure factual notarization related to the COVID-19 pandemic and other related work and production resumption notarization, enterprises may utilize different means of contact such as Shanghai's notary public consultation hotline, WeChat public account, notary agency online certificate application applet, and other public announcements online consultation to learn more about related matters.
At the present moment, most of the notary institutions in Shanghai are still under lockdown. In case an enterprise wishing to apply for notarization of an event of force majeure related to the COVID-19 pandemic and notarization of work and production resumption certificates, the notary institution would, according to the requirements and the actual circumstances of the subject enterprise, issued an electronic version of the notarial certificate, and upon the notary office resuming normal service, informs the subject enterprise to come to collect the original notarization certificate. In the event that an electronic version of the notarization certificate can not be issued, the enterprise may submit the relevant materials first, to be processed by the notary office once it resumes external services. The subject enterprise will be notified to collect the original notary certificate as soon as the notary office resumes normal services.
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