Abstract In the context of a 19% decline in global cross-border investment in 2018, China’s use of foreign capital has grown against the trend – the actual use of foreign capital for the year is equivalent to $135 billion, an increase of 3%. What is even more gratifying is that foreign investment from developed countries such as Britain, Germany and Japan has achieved double-digit growth...

In the context of a 19% decline in global cross-border investment in 2018, China’s use of foreign capital has grown against the trend – the actual use of foreign capital for the year is equivalent to $135 billion, an increase of 3%. What is even more gratifying is that foreign investment from developed countries such as Britain, Germany and Japan has achieved double-digit growth.

On February 12, the Ministry of Commerce held a press conference on business work and operations in 2018. According to Qian Keming, Vice Minister of Commerce, in the whole year of 2018, there were more than 60,000 new foreign-funded enterprises in China, an increase of 69.8%, and the actual use of foreign capital was 886.6 billion yuan. “Investment from developed economies has grown rapidly. The UK, Germany, South Korea, Japan, and the United States have increased their investment in China by 150.1%, 79.3%, 24.1%, 13.6%, and 7.7%, respectively.”

Bai Ming, deputy director of the International Market Research Institute of the Ministry of Commerce, said in an interview with the reporter of "Daily Economic News" that China now emphasizes the need to promote the formation of a new pattern of opening up, which is not only focused on the open field and scale, but also more emphasis on " All-round and high quality. "In the past, we paid more attention to the introduction of foreign capital. Now we need to strengthen the formulation of rules and the improvement of policies, and build a legal business environment for all-round opening."


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In-depth implementation of the negative list management system

Talking about the latest plans for China to use foreign capital and optimize the business environment in 2019, Tang Wenhong, Director of the Foreign Investment Department of the Ministry of Commerce, said that in 2019, the Ministry of Commerce will continue to relax market access and comprehensively implement the pre-entry national treatment plus negative list. The management system will continuously increase the protection of the legitimate rights and interests of foreign investors and create a world-class foreign investment environment.

In 2018, China's use of foreign capital to obtain a beautiful "transcript" is inseparable from a series of policy dividends issued by the state. In June last year, the National Development and Reform Commission and the Ministry of Commerce officially issued the “Special Management Measures for Foreign Investment Access (Negative List) (2018 Edition)”. The length of the new negative list was further shortened, from 63 in the previous edition to 48, and launched new open initiatives in 22 areas, and canceled or relaxed the foreign stock ratio limit in the financial and infrastructure sectors.

On December 23, 2018, the draft foreign investment law was submitted to the Seventh Session of the Standing Committee of the National People's Congress for consideration. It is expected to replace the "three foreign laws" formulated in the early years and become a basic law in the field of foreign investment. We will expand the opening up to the outside world and provide more effective legal protection for the active and effective use of foreign capital.

Bai Ming believes that under the background of the intensified trade friction between China and the United States and the downward pressure on the global economy, the key to the growth of China's use of foreign capital against the trend last year was that foreign investors had sufficient confidence in the Chinese market. This confidence clearly came from Our country has successively introduced several measures to optimize the foreign investment environment.

Regarding how to further relax market access, Bai Ming believes that the full implementation of the pre-entry national treatment plus negative list management system is an important starting point. “Last year, we have successively revised and released the national version of the negative list of foreign investment and the negative list of the free trade zone, which shows the confidence of the country to open up. Next, how to put the system in place is also a systematic work.”

Accelerate the revision of the patent law

Tang Wenhong revealed that the UNCTAD report showed that global transnational direct investment fell by 19% year-on-year in 2018, falling for three consecutive years, which is the lowest level since the global financial crisis.

In order to cope with such an external environment, the Ministry of Commerce will focus on promoting investment environment optimization, investment layout optimization and investment structure optimization in 2018.

Tang Wenhong introduced, first of all, to promote investment freedom and convenience. The Ministry of Commerce reported to the State Council to introduce a number of measures to actively and effectively use foreign capital to promote high-quality economic development, and to promote the revision of the national negative list of foreign investment access and the negative list of the free trade pilot zone.

"We have promoted the establishment of business filings and industrial and commercial registration of foreign-invested enterprises across the country to achieve 'one-time handling'. It also promoted other departments to introduce relevant convenience measures for entry and exit of foreign talents. Everyone knows that the current investment is more light assets, need more Talents. It should be said that this series of measures has effectively promoted the freedom and convenience of foreign investment." Tang Wenhong said.

The second is to improve the level of investment promotion. The Ministry of Commerce promoted the policy of reinvesting foreign investors' profits and deferred taxation to all foreign-invested enterprises, implementing relevant tax incentives, and at the same time launching the revision of the list of foreign investment encouraged industries to guide foreign investment to modern agriculture and advanced. Manufacturing, high-tech, modern service industries and other fields promote the high-quality development of China's economy.

"We also organized a multinational company symposium to strengthen dialogue and exchanges and respond promptly to the problems reflected by foreign-funded enterprises. Some of the measures documents mentioned just now stipulate that the revision of the patent law will be accelerated, and the NPC is now deliberating." Tang Wenhong said .

The reporter noted that from January 4 to February 3 this year, the "Patent Law Amendment (Draft) of the People's Republic of China" publicly solicited opinions from the public. Compared with the current patent law, the “draft” increases the punitive liability for patent infringement and substantially increases the statutory compensation for patent infringement.

Article 72, paragraph 1, of the “Draft” stipulates that the amount of compensation for infringement of patent rights shall be determined according to the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined according to the benefit obtained by the infringer due to the infringement. In case of serious intentional infringement of the patent right, the amount of compensation may be determined by more than one time and five times the amount determined according to the above method.

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