The Rejuvenated Administrative Regulatory System Implementing Foreign Investment Law in China: Emerging Issues of Investment Administration Facing International and Regional Investors
The Rejuvenated Administrative Regulatory System Implementing Foreign Investment Law in China: Emerging Issues of Investment Administration Facing International and Regional Investors

Summary/Abstract: Much of a success of any regulatory mandate lies in the implementing administrative instruments that effectively reflect the objective and the spirit of the underlying legal instrument they seek to enforce. The present paper systematically examines the new Regulations on the Implementation of the Foreign Investment Law of the PRC that came into force on 1 January 2020 to examine the effectiveness of the administrative regulatory system it establishes in seeking to enforce the new Foreign Investment Law of the PRC, enacted in 2019. With an aim to identify the key implications of the new regulation upon the foreign investors as well as the regional investors in the context of Greater Bay Area economic cooperation, this paper examines a distinct set of regulatory issues arising from the implementing regulations. The findings of the paper reveal the utility of the general principles enshrined in the investment law and reflected in the implementing regulations, the scope of regulations in addressing foreign investments in prohibited, restricted or permitted fields of investments, the effectiveness of the regulations in promoting and protecting foreign investments, the unique features of foreign investment administration and liability for administrative transgressions, and the specific implications of the regulations to the prospective investors from the Greater Bay Area.

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