| The investment of Chinese enterprises in Vietnam is mainly concentrated in environmentally sensitive industries,which are very likely to cause environmental pollution in the process of investment.As the Vietnamese government pays more and more attention to ecological protection,Chinese enterprises are facing serious environmental legal risks in investing in Vietnam.How to solve the environmental legal risks faced by Chinese enterprises investing in Vietnam is imminent.Therefore,it is of practical significance to study the legal risks of Chinese enterprises to Vietnam’s investment environment.In addition to the introduction and conclusion,the full text is divided into four parts.The first chapter,the connotation and types of environmental legal risks of Chinese enterprises’ investment in Vietnam.Firstly,it analyzes the connotation of environmental legal risks of Chinese enterprises investing in Vietnam;secondly,it analyzes the risks of environmental barriers to investment access,environmental assessment approval risks,environmental regulation risks,environmental litigation risks,and ecological environment restoration risks faced by Chinese companies investing in Vietnam based on specific cases.Five environmental legal risks.The second chapter is the normative analysis of the environmental legal risks of Chinese enterprises investing in Vietnam.Starting from the legal text,first analyze the environmental protection laws and regulations of Chinese enterprises investing in Vietnam: the environmental protection legal system involved in the introduction of foreign investment in Vietnam,my country’s existing environmental protection regulations for overseas investment,and then the bilateral investment agreements and regional investment agreements signed between China and Vietnam An analysis of the investment dispute settlement mechanism in China.This paper provides a basis for exploring the reasons why Chinese enterprises face environmental legal risks when investing in Vietnam.The third chapter analyzes the reasons why Chinese enterprises face environmental legal risks when investing in Vietnam.The reasons for Vietnamese laws and regulations include frequent changes in Vietnamese laws and increased penalties for environmental violations in Vietnam.The reasons at the level of legal regulation in our country include the lack of coercive force of existing legal provisions in our country and the insufficient supervision of the overseas investment environment by the Chinese government.The reasons at the level of international laws and regulations include the too small scope of arbitration in the China-Vietnam BIT,and the lack of an investor-host country investment dispute settlement mechanism in the RCEP.The reasons at the enterprise level include that some Chinese enterprises do not strictly abide by Vietnam’s environmental protection laws and regulations and their awareness of corporate social responsibility is weak.The fourth chapter,Chinese enterprises’ suggestions on the prevention of environmental legal risks in Vietnam’s investment.On the basis of the previous part,this part puts forward suggestions to prevent the environmental legal risks faced by Chinese enterprises in investing in Vietnam from three aspects:domestic law,international law and my country’s overseas investment enterprises.First,at the domestic law level,we should improve the "Guidelines for Environmental Protection in Foreign Investment and Cooperation" and increase the regulation of overseas investment enterprises.At the same time,the Chinese government should also strengthen the supervision of overseas investment environment.Second,at the level of international law,by expanding the scope of application of arbitration in the bilateral investment agreement signed by my country and Vietnam and adding an investment dispute settlement mechanism between investors and the host country in the RCEP,it will provide effective means for Chinese enterprises to damage their legal rights in the process of investing in Vietnam.Relief ways to reduce the environmental legal risks faced by Chinese enterprises in investing in Vietnam.Thirdly,at the enterprise’s own level,it should strictly abide by Vietnam’s environmental protection laws and regulations,and strengthen its own social responsibility awareness and risk control ability. |
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