Page 10 - The South China Business Journal
P. 10
ver Story
AmCham The China Central Government listened to AmCham
South South China by including a new judicial mechanism for
China in foreign investment concerns in the recently passed Foreign
Action Investment Law. The new law moves hearings out of the
control of the local governments where the Chamber has
China includes witnessed partiality for government-owned entities.
AmCham South
China’s call for new The Foreign Finance Law establishes a system to handle
judicial system for complaints by foreign invested enterprises beyond the reach
foreign businesses of local governments which can unfairly influence the judicial
in the new Foreign process. Chapter Three of the new Foreign Investment Law,
Investment Law Article 26 offers a new complaint mechanism for foreign
companies to lodge their complaint above the municipal level.
Article by Dr. James Eric Black, Mercer University
AmCham South China President Dr. Harley Seyedin said,
“We are proud that our Chamber's voice is not only always
heard at our own congressional level, but it can also impact
the Chinese national legislative process”.
AmCham South China went public with its judicial concerns
most recently in a primary call to action in the 2019 Special
Report and 2019 White Paper. The publications were released
prior to the start of the Third Plenary Meeting of the Second
Session of the 13th National People's Congress (NPC). No
other entity had made similar suggestions.
Seyedin said the new judicial system for foreign investors
was necessary because, “Too often the line between a
company and the government were not just blurred but
totally erased by lower-level municipal judicial systems when
foreign business entities have legal problems with their joint
venture counterparts. Basically, the old saying "you can't fight
city hall" became the rule of law.”
The new Foreign Investment Law, which will go into effect
on Jan 1, 2020, is expected to have a major impact on the
Article 26, Chapter Three of the new Foreign Investment Law reads:
The State establishes a complaint mechanism for foreign-invested enterprises, promptly handles
problems reflected by foreign-invested enterprises or their investors, and coordinates and improves
relevant policies and measures.
If a foreign-invested enterprise or its investors believe that the administrative actions of the
administrative organ and its staff members infringe upon their legitimate rights and interests, they
may apply for a coordinated solution through the complaints working mechanism of
the foreign-invested enterprise.
If a foreign-invested enterprise or its investors believe that the administrative actions of the
administrative organ and its staff members infringe upon their legitimate rights and interests, in
addition to applying for a coordinated solution through the complaints working mechanism of the
foreign-invested enterprise in accordance with the provisions of the preceding paragraph, they may
also apply for administrative reconsideration and file an administrative lawsuit according to law.
7 AmCham South China
AmCham The China Central Government listened to AmCham
South South China by including a new judicial mechanism for
China in foreign investment concerns in the recently passed Foreign
Action Investment Law. The new law moves hearings out of the
control of the local governments where the Chamber has
China includes witnessed partiality for government-owned entities.
AmCham South
China’s call for new The Foreign Finance Law establishes a system to handle
judicial system for complaints by foreign invested enterprises beyond the reach
foreign businesses of local governments which can unfairly influence the judicial
in the new Foreign process. Chapter Three of the new Foreign Investment Law,
Investment Law Article 26 offers a new complaint mechanism for foreign
companies to lodge their complaint above the municipal level.
Article by Dr. James Eric Black, Mercer University
AmCham South China President Dr. Harley Seyedin said,
“We are proud that our Chamber's voice is not only always
heard at our own congressional level, but it can also impact
the Chinese national legislative process”.
AmCham South China went public with its judicial concerns
most recently in a primary call to action in the 2019 Special
Report and 2019 White Paper. The publications were released
prior to the start of the Third Plenary Meeting of the Second
Session of the 13th National People's Congress (NPC). No
other entity had made similar suggestions.
Seyedin said the new judicial system for foreign investors
was necessary because, “Too often the line between a
company and the government were not just blurred but
totally erased by lower-level municipal judicial systems when
foreign business entities have legal problems with their joint
venture counterparts. Basically, the old saying "you can't fight
city hall" became the rule of law.”
The new Foreign Investment Law, which will go into effect
on Jan 1, 2020, is expected to have a major impact on the
Article 26, Chapter Three of the new Foreign Investment Law reads:
The State establishes a complaint mechanism for foreign-invested enterprises, promptly handles
problems reflected by foreign-invested enterprises or their investors, and coordinates and improves
relevant policies and measures.
If a foreign-invested enterprise or its investors believe that the administrative actions of the
administrative organ and its staff members infringe upon their legitimate rights and interests, they
may apply for a coordinated solution through the complaints working mechanism of
the foreign-invested enterprise.
If a foreign-invested enterprise or its investors believe that the administrative actions of the
administrative organ and its staff members infringe upon their legitimate rights and interests, in
addition to applying for a coordinated solution through the complaints working mechanism of the
foreign-invested enterprise in accordance with the provisions of the preceding paragraph, they may
also apply for administrative reconsideration and file an administrative lawsuit according to law.
7 AmCham South China
