China And Mongolia Comparative Study Of Foreign Investment Law

With the accelerating process of economic globalization, the global trend towards investment liberalization has also been constantly strengthened. How to adapt to economic globalization and liberalization of investment trends and their own foreign investment law accordingly adjusted accordingly have become a sound investment legislation's main task. Today, foreign investors are looking for is not only profitable countries, and more secure in the choice and secure the country for investment.China since 1992 has been the largest developing countries, the capital-importing countries. China in 1979 the first foreign investment law was enacted, "The People's Republic of China Sino-Foreign Joint Venture Enterprise Law", after 30 years of experience, China's foreign investment have enough experience, so even in the event of the global financial crisis situations China's economy in attracting foreign investment, has still not been seriously affected.This article is divided into four chapters:The first chapter of the historical development of Mongolia Foreign Investment Law, foreign investment legislation system and the characteristics of comparative analysis. Chinese Foreign Investment Law was promulgated in 1979, while Mongolia in 1993 foreign investment law was promulgated. Far from the reform and opening up, China's foreign investment legislation than the Foreign Investment Law of Mongolia has experienced a longer period, the development of relatively more complete.Chapter II China and Mongolia comparative analysis of foreign legal systems. In the manner in which foreign investment:In accordance with China's current foreign investment legislation are the main form of foreign investment in Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises, Sino-foreign cooperative development, offices of foreign companies, foreign investment companies, foreign-invested Co., Ltd., foreign mergers and acquisitions, cross-border portfolio investment and foreign venture capital and ten. The form of foreign investment in Mongolia, mainly in the following categories:foreign investors to set up a separate enterprises, foreign investors in joint ventures with Mongolian investors to buy shares of Mongolian enterprises,Stocks and other securities to invest directly in accordance with regulations and leases, production sharing contract obtained by use of natural resources and processing rights, signed a distribution, management contracts, to engage in financial leasing and franchise mode of investment. Preferential measures for foreign investment:China's main foreign investment incentives, corporate income tax concessions, for use refundable tax credits for reinvestment of profits, turnover tax concessions, tariff preferences and so on. Mongolia foreign investment concessions so, exemption from customs duties and commercial taxes, income tax concessions, land use concessions. Foreign capital access and review of systems, access to the provisions of China's foreign investment mainly reflectedIn 2004, the State Council promulgated the "Industrial Catalog for Foreign Investment Enterprises" and the 2002 enactment of the "Guiding Foreign Investment Direction" and the relevant laws and regulations. Mongolia foreign investment law in accordance with the approval of foreign capital access. Foreign investment protection measures: both countries are in accordance with their constitutional and international treaty provisions to protect foreign investors. Foreign investment areas:both countries are in accordance with relevant laws and regulations to allow foreign investment direction, encouragement, restriction, prohibition. Chinese foreign investment in accordance with the "guiding the direction of foreign investment regulations" and the "Industrial Catalog for Foreign Investment."Chapter III of this chapter a brief introduction of China's State Investment in Mongolia, the investment scope. Mongolia in 2008 foreign direct investment in, mining accounted for 56%, light 3.6%, livestock products 1.8%, construction 2.1%, trade 20.5%, banking 3.8%, the tourism industry is 2%, and other areas accounted for 1.7%.2008 9327 company in Mongolia registered 3.01 billion U.S. dollars of direct investment.1992, Mongolia began to invest in China. In recent years, the investment of Chinese enterprises in Mongolia sustained growth in economic and trade activities between the two countries. The development of mineral resources of Mongolia is the largest amount of Chinese-funded enterprises to invest in industry To the Mongolian mining industry investment and development of Chinese enterprises, mostly from Beijing, Hebei, Shandong, Heilongjiang, Gansu, Inner Mongolia and Mongolia and other Chinese provinces and cities in the surrounding area.Chapter IV of Mongolia Foreign Investment Law needs improvement. In the comparative analysis, based on the study of Chinese Foreign Investment Law Foreign Investment Law of Mongolia referential significance, as well as successful experience of China's foreign investment law can effectively make up for deficiencies on the Foreign Investment Law of Mongolia.