| Laos is one of the least developed countries in Southeast Asia. In recent years，inthe mineral resource sector, Although Laos types of mineral resources and reservesare relatively abundant, but due to its industrial and technological level constraints,“By the measures of exporting natural resources in exchange for money†is aimportant policy to attract foreign capital. In addition, the basic national policy ofopening-up in laos have an important effect on its mining market development.Therefore, with the deepening of Chinese investment degree in Laos, a comprehensiveanalysis of investment legal risk in Laos foreign investment policy, as well as Laosmineral resources exploration and development of the relevant laws andregulations,will be better for Chinese investors to indicate mining investmentdirection in laos, avoiding and preventing every legal risk in investment activities,enhance the awareness of legal risk prevention.This paper firstly analyzes the basic concept, characteristics and types on foreigninvestment legal risk,we can know that the factors and the source of legal risk are verywidely,mainly concentrated in three aspects:the legal system of investor’s homecountry, the legal system of the host country and management behavior ofinvestors.Secondly,the author selects the legal risk factors on the legal system of thehost country, briefly introduced the investment environment of Laos,the types andstyles of China mining investment in Laos,through comprehensive analysis of thestatus of legislation in Laos,the investment legal risk can summarized in fouraspects:the legal risks of mining right system, the legal risks management of miningsystem,the legal risks of foreign investment system, the legal risks of laborlaw.Thirdly,on the perspective of our mining investor, In view of the legal risks ofmining right system in Laos, we should strengthen the legal risk investigation beforeinvestment, carefully selected the mining enterprises form. In view of the legal risksmanagement of mining system in Laos,we should strictly abide by the laws andregulations,be prepared of legal memoranda and documents,through the form of contract for mining right of priority.At the same time,we should be paid to miningsafety in production,the training of labor and the emergency system.In the view of thelegal risks of foreign investment system,we should select the appropriate form ofinvestment, to identify the specific legal basis, to fulfill the rights and obligations ofthe investment.In the view of the legal risks of labor law,we should strictly abide bythe labor law system,give priority to hire local labor and pay attention to labor review. |
