| Economic and trade exchanges between China and Laos have become more frequent.With the advancement of China ’s “Belt and Road” initiative and the in-depth implementation of Laos ’reform and opening up policy,China ’s and Laos’ economic exchanges have become closer and closer,and Chinese companies ’investment in Laos has gradually increased.increase.Against this background,a comparative study of the legal systems for foreign investment access in China and Laos,analysis of the legal systems for foreign investment access in Laos,pointing out the existing deficiencies,putting forward suggestions for improvement by drawing on Chinese experience,and exploring the reference of the legal system for foreign investment in Laos to China The significance can provide inspiration for improving the legal system for foreign investment access in Laos and China.The legal system for foreign investment access refers to a system in which a country registers or approves foreign investors’ investments.The legal system for China’s foreign investment access was formed from 1979 to 2000.From 2001 to the present,the legal system for China’s foreign investment access has been gradually improved.At present,it has a relatively comprehensive legal system for foreign investment access.Negative list management,expansion of foreign investment access areas,relaxation of foreign investment access conditions,and simplified procedures for foreign investment access.The legal system for foreign investment access in Laos was formed from 1988 to 2008.From 2009 to present,the legal system for foreign investment access in Laos has been gradually improved.At present,the legal system for foreign investment access in Laos adopts a unified legislative model of domestic investment law and foreign investment law.The industries that restrict foreign investment have been continuously refined and refined,the period for restricting foreign investment has been continuously adjusted,and the approval process for foreign investment access has been gradually streamlined and facilitated.Through comparative research,it is found that the legal systems for foreign investment access in China and Laos have similarities and differences in the main components,general provisions,national treatment principles,negative list management mode,and approval system.In terms of main constituents,the similarities between the legal systems for foreign investment access in China and Laos are mainly as follows: the formulation of a complete foreign investment law,which clearly stipulates the legal content of foreign investment access,and in other laws there are also legal aspects of foreign investment access.Provisions.However,the number of chapter clauses and the implementation time are different,and the number of foreign investment industries is encouraged.In terms of general regulations,the laws of both countries stipulate that the foreign investment subject is an enterprise,but the registered capital requirements are different.Foreign investors who invest in general operations generally do not limit the investment period,but foreign investors who invest in franchise rights have a period requirement.Chinese law stipulates a maximum of 30 years,and Laos law stipulates a maximum investment period of 50 years.Both countries stipulate multiple forms of investment,but Lao law provides more investment forms than Chinese law.Regarding the principle of national treatment,both China and Laos have stipulated the principle of national treatment.Both can enjoy preferential tax policies and are protected by domestic laws.However,the "Laos Investment Promotion Law" unifies the domestic investment law and the foreign investment law.During the operation and registration of foreign-invested enterprises,the "Company Law" is used as a supplement to the investment law to grant national treatment to foreign investment,which is conducive to better giving foreign investment Such preferential policies and measures have better advantages in strengthening foreign investment management.In terms of the negative list management model,both China and Laos’ foreign investment access laws provide for a negative list management model,promulgating a list of industries that encourage investment and detailed regulations,and clearly specifying areas and industries where investment is prohibited and restricted.However,the encouraged industry directories are slightly different,and the two industries are prohibited from investing in foreign industries.The Chinese government also stated that it would "continue to reduce the negative list and add an encouragement list",while the Lao government has no policy measures in this regard for the time being.In terms of the foreign investment access examination system,the foreign investment access examination period and examination department are all prescribed.However,compared with China,Laos has a lower threshold for foreign investment.In terms of approval,China’s approval period is longer than that of Laos.Laos’ foreign investment law lacks security review procedures,while China has strict security review procedures.However,the current legal system for foreign investment access in Laos is inadequate,mainly due to the lack of regulations on security review and antitrust review procedures,the approval transparency of foreign capital access is low,and the efficiency of government administration is low.Drawing on China’s experience,it is necessary to take perfect measures: strengthen legislation and supervision,increase the provisions of security review and antitrust review procedures;attach importance to the regulation and management of foreign investment access,improve the transparency of foreign access approval,and improve the efficiency of government administration and development.Approval and management of foreign investment access.At any time,the number of Chinese companies investing in Laos is gradually increasing.For Chinese companies,detailed and comprehensive investigations are required before investment,and appropriate investment insurance is selected to minimize risks.For the Chinese government,it is necessary to establish an overseas investment insurance system and establish a legal risk response guidance agency for overseas investment.In order to better protect the interests of Chinese enterprises and the Chinese government,promote the success of Chinese enterprises’ investment in Laos. |
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