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Throughout 2014, foreign companies across the United States, Europe, and Asia have issued a growing number of complaints with regard to the operating environment in China. Some of their concerns, like stiffer competition from Chinese companies and rising labor costs, are rooted in China's slowing economic growth. Perhaps more distressing are recent complaints from foreign businesses with regard to their treatment by Chinese regulators. As reported by numerous business groups this year, their concerns range from increased scrutiny and regulatory enforcement to procedural and due process shortcomings. Some foreign companies worry that increased Chinese regulatory activities have seemed to focus disproportionately on foreign investors, putting them at a disadvantage compared to domestic firms. Today's hearing will seek to assess the most recent and pressing challenges facing foreign firms operating in China with a spotlight on China's Anti-Monopoly Law enforcement. This hearing will also seek to evaluate the potential for China's planned reforms to create a more transparent, cooperative, and fair environment for foreign investors.
Amid the economic slowdown in Europe and North America, China - though still growing upwards in 2013 - is facing headwinds in the wake of rising labor and land costs. Coupled with China's fast-changing policy, laws and environments pertaining to foreign investment, it is getting tougher for foreign companies to invest and doing business in China. This report, serving as a reference for foreign companies when making investment decisions, is the aggregated results of China's investment climate survey conducted by TEEMA (Taiwan Electrical and Electronic Manufacturers' Association) and key indicators in the economic and political aspects are addressed and examined. This report also includes Taiwanese businesspeople' comments and suggestions on how to invest in China.
The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
The importance of a country's "investment climate" for economic growth has recently received much attention. Hallward-Driemeier, Wallsten, and Xu address the general lack of appropriate data for measuring the investment climate and its effects. The authors use a new survey of 1,500 Chinese enterprises in five cities to more precisely define and measure components of the investment climate, highlight the importance of firm-level data for rigorous analysis of the investment climate, and investigate empirically the effects of this comprehensive set of measures on firm performance in China. Overall, their firm-level analysis reveals that the main determinants of firm performance in China are international integration, entry and exit, labor market issues, technology use, and access to external finance. This paper--a product of Investment Climate, Development Research Group--is part of a larger effort in the group to understand the investment climate using firm-level datasets.
China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.

China

United States United States Department of State

Published: 2016-04-15

Total Pages: 36


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China maintains a more restrictive foreign investment regime than its major trading partners, including the United States. While China became the world's top destination for foreign direct investment (FDI) in 2014, according to the United Nations Conference of Trade and Development (UNCTAD), broad sectors of the economy remain closed to foreign investors. China relies on an investment catalogue to encourage foreign investment in some sectors of the economy, while restricting or prohibiting it in many other industries. China's investment approval regime appears designed to foster economic growth but may also shield inefficient or monopolistic Chinese enterprises from competition, particularly those China is trying to cultivate as market leaders. Foreign investors cite rising costs, difficulty in finding qualified human resources, market access limitations, and unclear and inconsistent enforcement of laws and regulations as significant challenges to establishing and operating businesses in China. More than half of the U.S. companies surveyed by AmCham China in 2014 believe foreign businesses are less welcome in China than before.
China's opening up has unleashed lucrative opportunities to foreign investors. However, doing business in China is far more difficult than many people have anticipated. Using a new theoretical framework and comprehensive evidence, this book systematically examines China's hard and soft investment environment for FDI. Main problems encountered by investors are also investigated. The book is an essential guide to investors in avoiding common and expensive pitfalls of doing business in China and an invaluable reference for consultants, researchers and students in understanding the Chinese market.
Seminar paper from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1.7, University of applied sciences, Munich, course: MBA, language: English, abstract: Executive Summary: Investing in China is still considered as one of the most profitable business opportunities. On the one hand side the Chinese market brings around 1.3 billion new potential consumers and on the other an annual growth rate of around 10%, both are quite attractive for foreign investments. Moreover, the Chinese government is permanently improving the investment climate for foreign enterprises and investors by improving respectively building the required infrastructure or revising business laws and lowering market entry barriers for foreigners for instance. Investing in China is not only a subject for large and international enterprises but also for small and mid sized private companies. China’s progress in accepting market-oriented economic and business principles as well as their 2001 entry into the World Trade Organization (WTO) is attracting foreign investors the same way as a growing Chinese middle class and low labor costs. Companies of all sizes understand that by ignoring this prospering and huge market for their goods and services or by not taking ad-vantage of the latent labor arbitrage that they are risking to fall behind their competition. The assignment is providing some statistics on foreign investments in China, is dealing with a brief overview of the different industry areas for foreign compa-nies and investors in China and explains the main investment forms which can be considered for business establishment in China. The work is concluding with some general information about legal protections for foreign investors and the ITM checklist. Table of Contents: Executive Summary I List of Abbreviations III List of Figures IV List of Tables IV 1. Introduction 5 2. Foreign Investment Categories in China 7 3. Legal Forms for Foreign Investors in China 9 3.1. Joint Venture 9 3.1.1. Equity Joint Venture 10 3.1.2. Cooperative Joint Venture 10 3.2. Representative Office 10 3.3. Wholly Foreign Owned Enterprise 11 3.4. Holding Enterprises for Foreign Investors 11 3.5. “B” Stocks 12 4. Legal Protection of Foreign Investors in China 12 5. Conclusion 13 ITM Checklist 14 References 16
Drawing from such disciplines as economic geography, spatial economics, and international business, this book addresses the location of foreign direct investment for the People's Republic of China. It looks at how investment decisions are influenced according to location of businesses.