The legal regime of Chinese overseas investment / by Chenyang Xie, LLM, SJD ; with an introduction by William E. Butler, John Edward Fowler Distinguished Professor of Law and International Affairs, Pennsylvania State University.
2015
KNQ3202 .X63 2015 (Map It)
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Author
Title
The legal regime of Chinese overseas investment / by Chenyang Xie, LLM, SJD ; with an introduction by William E. Butler, John Edward Fowler Distinguished Professor of Law and International Affairs, Pennsylvania State University.
Published
London : Wildy, Simmonds & Hill Publishing, [2015]
Copyright
©2015
Call Number
KNQ3202 .X63 2015
Former Call Number
Ch.P 658 X42 2015
ISBN
9780854901531
0854901531
0854901531
Description
xii, 276 pages ; 23 cm.
System Control No.
(OCoLC)898133623
Bibliography, etc. Note
Includes bibliographical references (pages 234-270) and index.
Record Appears in
Table of Contents
Acknowledgements
ix
Abbreviations
x
Introduction / William E. Butler
xi
ch. 1
Introduction
1
Background
1
Scope of study
3
Background literature
4
Part 1
ch. 2
Macro Policy and Basic Concepts
7
Macro Policy: Three Major Shortcomings
7
Overseas Investment and Overseas Investment Projects: Basic Concept and Problems
12
ch. 3
Information Assistance
17
Concise Introduction to the Overseas Investment Statistical System
17
Reporting System for Country Investment and Operational Obstacles: Providing Reference Materials to the Legislature
18
ch. 4
Investment Promotion
22
ch. 5
Examination, Approval, Annual Inspection, and Performance Evaluation
24
Examination and Approval Rights for Overseas Investment: The Battle of the Management Departments
24
Joint Annual Inspection System for Overseas Investment: Administrative Nightmare
36
System of Comprehensive Performance Evaluation of Overseas Investment: For State-owned Enterprises Only
40
ch. 6
Financial Supervision and Financing Support
43
Financial Supervision of Overseas Investment: A Return to the Enterprise Itself
43
Support System for Financing Overseas Investment
44
ch. 7
Foreign Exchange
55
Administration of the Foreign Exchange Involved in Overseas Investment
55
Major Issues in the Administration of Foreign Exchange
56
ch. 8
Insurance
60
Overseas Investment Insurance Regime: Inadequacy of Protection
60
ch. 9
Taxation
65
Tax Administration of Overseas Investment: The Government Appetite for Tax
65
ch. 10
Supervision of State-Owned Assets
74
Supervision of Overseas State-Owned Assets: Fraught with Problems
74
Part 2
ch. 11
Current Legislative Model and Its Critique
87
Concept, Advantages, and Historical Function of Departmental Legislation
87
Serious Problems in Departmental Legislation Approach
89
ch. 12
Historical Foundations, Feasibility, and Significance of Codification
98
Origin of Chinese Code
98
Feasibility of Codification
100
Significance of Codification
104
Part 3
ch. 13
General Provisions and Overview of Proposed New Code
108
Codification of Overseas Investment Law
109
Overall Vision and Specific Content of Code
113
General Provisions of the Code
115
ch. 14
Overseas Investment Information Assistance Law
120
Legislative Principles
121
Overseas Investment Public Information Service System
122
Overseas Investment Consulting and Training System
126
ch. 15
Overseas Investment Promotion Law on Small and Medium Sized Enterprises
128
Legislative Principle
129
Legal Status of SME in Overseas Investment
131
Specialized Agency to Promote Overseas Investment by SMEs
134
Talent Incentive Policy
135
Protection of Intellectual Property
138
ch. 16
Administrative Law of Overseas Investment Filings
140
Legislative Principles
143
Administration of the Overseas Investment Filing System
147
ch. 17
Overseas Investment Financial-Assistance Law
154
Legislative Principles
155
Policy Bank
160
Specific Initiatives of Financial Assistance
166
Use of Loan
168
ch. 18
Law on the Administration of Foreign Exchange Involved in Overseas Investment
171
Legislative Principle
173
Registration of Foreign-Exchange Records and Remittance of Overseas Investment Funds
175
ch. 19
Overseas Investment Insurance Law
179
Principle of Overseas Investment Insurance
180
Operating Agency
184
Types of Insurance
184
Qualified Investors, Qualified Investment Projects, and Qualified Investment Forms
188
ch. 20
Overseas Investment Tax Assistance Law
194
Legislative Principles
194
Overseas Investment Reserve Fund System
197
Dividend Exemption System
199
Tax Consolidation System
201
ch. 21
Supervison of Overseas Investment and Overseas Assets of State-Owned Enterprises
204
Legislative Principles
205
Overseas Investment Supervisory System of SOEs
212
Overseas Investment Operations System of State-Owned Enterprises
220
Negative List System of Overseas Investment
222
ch. 22
Conclusion
226
Bibliography
234
Index of Names
271