今天: 中国仲裁研究和实务中心,中国争议解决中心 ·用户登录 ·用户注册 搜索
中国仲裁在线LOGO 首页 新闻资讯 探讨争鸣 建筑工程 对外贸易 房地产争议 证券争议 仲裁数据库 外商投资
  • 知识产权
  • 体育仲裁
  • 投资仲裁
  • 仲裁员
  • 仲裁机构
  • 资料专区
  • 西纳书城
  • 合同起草
  • 争议解决
  • laws
  • 其他
  • 其他
  • Law of the People's Republic of China on the Protection of Investment of Taiwan Compatriots
    作者:中国中央政府网站 文章来源:中国中央政府网站 更新时间:2008-3-24 21:19:12

       

     

    (Adopted at the Sixth Meeting of the Standing Committee of the Eighth National People's Congress and promulgated by Order No.20 of the President of the People's Republic of China on March 5, 1994)

    Article 1 This Law is formulated for the purpose of protecting and encouraging investment of Taiwan compatriots, and promoting the economic development on both sides of the Straits.

    Article 2 Investment of Taiwan compatriots shall be governed by this Law. In respect of matters concerning investment of Taiwan compatriots not covered by this Law, where there are provisions thereon in other relevant laws and administrative rules and regulations of the State, such provisions shall apply.

    "Investment of Taiwan compatriots" as used in this Law means investment made in other provinces, autonomous regions or municipalities directly under the Central Government by the companies, enterprises, other economic organizations or individuals from the region of Taiwan as investors.

    Article 3 The State shall, according to law, protect the investments, investment returns and other lawful rights and interests of investors who are Taiwan compatriots.

    Taiwan compatriots in making investment must abide by laws and administrative rules and regulations of the State.

    Article 4 The State shall not nationalize or requisition the investment made by investors who are Taiwan compatriots; under special circumstances and on the basis of the need of public interests, the State may in accordance with legal procedures requisition the investments made by investors who are Taiwan compatriots and make appropriate compensations thereto.

    Article 5 The invested properties, industrial property rights, investment returns and other lawful rights and interests of investors who are Taiwan compatriots may be transferred and inherited according to law.

    Article 6 Investors who are Taiwan compatriots may make investment with convertible currency, machinery equipment or other physical assets, industrial property rights or non-patented technologies, etc..

    Investors who are Taiwan compatriots may make reinvestment with the returns derived from their investment.

    Article 7 Taiwan compatriots may make investment by establishing equity joint ventures, contractual joint ventures or enterprises with all capital invested by Taiwan compatriots (hereinafter generalized as enterprises with investment of Taiwan compatriots) or may also invest in other forms as provided by laws or administrative rules and regulations.

    The establishment of enterprises with investment of Taiwan compatriots shall be in conformity with the industrial policy of the State and conducive to the development of the national economy.

    Article 8 To establish an enterprise with investment of Taiwan compatriots, an application shall be made to the department prescribed by the State Council or to the local people's government prescribed by the State Council. The examining and approving authorities that have received the application shall, within 45 days from the date of receiving all the documents for the application, decide whether or not to grant approval.

    After an application for the establishment of an enterprise with investment of Taiwan compatriots has been approved, the applicant shall, within 30 days from the date of receiving the certificate of approval, register its establishment with the enterprise registration authorities and obtain a business licence according to law.

    Article 9 Enterprises with investment of Taiwan compatriots shall carry out their activities of operation and management in accordance with the law, administrative rules and regulations as well as the contract and articles of association approved by the examining and approving authorities, and their decision-making power in operation and management shall be free from interference.

    Article 10 In areas where enterprises with investment of Taiwan compatriots are located in compact forms, an association of enterprises with investment of Taiwan compatriots may be established according to law and its lawful rights and interests shall be protected by law.

    Article 11 Investors who are Taiwan compatriots may remit in accordance with law their legal returns from investment, other lawful earnings and funds after settlement of accounts back to Taiwan or outside of the territory of the People's Republic of China.

    Article 12 Investors who are Taiwan compatriots may entrust their relatives or friends to act as agents for their investment.

    Article 13 Enterprises with investment of Taiwan compatriots shall enjoy preferential treatment in accordance with the relevant provisions of the State Council on encouraging investment of Taiwan compatriots.

    Article 14 With respect to disputes over investment arising between investors who are Taiwan compatriots and companies, enterprises, other economic organizations or individuals in other provinces, autonomous regions or municipalities directly under the Central Government, the parties concerned may settle them through consultation or mediation.

    Where the parties concerned are not willing to resort to consultation or mediation, or where consultation or mediation proves unsuccessful, they may, in accordance with the arbitration clause in the contract or the written arbitration agreement reached subsequently, submit the matter to an arbitration organ for arbitration.

    Where there is no arbitration clause in the contract, and no written arbitration agreement reached subsequently, the parties concerned may bring a suit to the people's court.

    Article 15 This Law shall go into effect on the date of promulgation.

    文章录入:cnarb03    责任编辑:cnarb03 
  • 上一篇文章:

  • 下一篇文章:
  • 【字体: 】【发表评论】【加入收藏】【告诉好友】【打印此文】【关闭窗口
    相关链接
  • 没有相关文章
  • 相关评论(只显示最新10条。评论内容只代表网友观点,与本站立场无关!)
    发表评论
      昵 称: *必填    ·注册用户·
      评 分: 1分 2分 3分 4分 5分     严禁发表危害国家安全、政治、黄色淫秽等内容的评论,用户需对自己在使用本网站服务过程中的行为承担法律责任。本站管理员有权保留或删除评论内容,评论内容只代表机友个人观点,与本网站立场无关。  
    评 论
    内 容
     
    热点聚焦
    更多
  • 栏目频道推荐
    更多
  • 合作伙伴/支持机构
    更多
  • 关于中国仲裁在线 | 联系我们 | 设为首页 | 加入收藏 | 意见反馈 | 友情链接 | 版权及免责 | 招聘信息
    版权所有 2007-2012 中国仲裁在线WWW.CNARB.COM粤ICP备07027300号