Foreign Investment Law 2025 (Vol.15)

B站影视 港台电影 2025-05-16 14:25 1

摘要:a. Shanghai Municipal Government releases "Several Measures to Promote the Development and Growth of Specialized, Refined, Unique,

Authors | Yanting Hu, Associate, Hui Ye Law Firm

In order to keep abreast of legislative developments in the relevant professional and industry areas of the Specialized Committees, the Company Law and Cross-Border Investment Committee and the International Commercial Dispute Resolution Committee of Hui Ye Law Firm regularly publish new law alerts (Weekly Update) for internal and external reference only.

CONTENTS

I Foreign Investment Law - Related Releases

a. Customs Tariff Commission of the State Council releases "Announcement on Adjusting the Tariff Measures on Imports Originating from the United States"

b. Economic Development Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin releases "Notice on Organizing the Application for the Recognition and Incentives for Foreign-Funded R&D Centers for 2024" and "Notice on Organizing the Application for the Recognition and Incentives for Enterprises' Overseas R&D Institutions for 2024"

II Corporate Law – Related Releases

a. Shanghai Municipal Government releases "Several Measures to Promote the Development and Growth of Specialized, Refined, Unique, and Innovative SMEs"

III Dispute Resolution – Related Releases

a. DOJ of Hong Kong releases "Results of Applications for Confirmation of Eligibility Under Article 2(1) of the Arrangement on Mutual Assistance in Support of Arbitration Procedures Between Courts of China's Mainland and Hong Kong SAR"

IV Pharmaceutical Industry – Related Releases

a. NMPA releases "Announcement on the Importation of Commercial-Scale Batches of Foreign Marketed Drugs Before Approval (Draft for Public Comments)"

Name: Announcement on Adjusting the Tariff Measures on Imports Originating from the United States

Type: Normative Legal Documents

Competent Authority: Customs Tariff Commission of the State Council

Release Date: April 11, 2025

Effective Date: April 12, 2025

[Main Contents]

1. The tariff rate on imports originating from the United States will be increased from 84% to 125%.

2. In response to any further tariff increases imposed by the United States on Chinese exports, China will no longer take any countermeasures.

Source:

Name: Notice on Organizing the Application for the Recognition and Incentives for Foreign-Funded R&D Centers for 2024

Notice on Organizing the Application for the Recognition and Incentives for Enterprises' Overseas R&D Institutions for 2024

Competent Authority: Economic Development Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Effective Date: April 15, 2025

[Main Contents]

1. For enterprises registered and paying taxes in the Hengqin Cooperation Zone, the notices clarify the specific requirements for applying for the recognition of overseas R&D institutions for 2024 and foreign-funded R&D centers for 2024, including standards on research personnel and R&D expenditure. Approved applicants will be granted a one-time reward of RMB 1 million, RMB 3 million, or RMB 10 million, depending on the category.

2. For Macao-related enterprises, the reward amount or the reward ratio will be appropriately increased.

Source:

Il Corporate Law – Related Releases

Name: Several Measures to Promote the Development and Growth of Specialized, Refined, Unique, and Innovative SMEs (“SRI SMEs”)

Competent Authority: Shanghai Municipal People's Government

Effective Date: April 3, 2025

[Main Contents]

1. For “little giant” enterprises that focus on specialization, refinement, uniqueness, and innovation, and have achieved a growth rate in output value (revenue) of over 20% for two consecutive years, a reward of up to RMB 500,000 will be granted.

2. Loan interest subsidies and financing leasing subsidies will be provided for SRI SMEs meeting the criteria for technological transformation projects. The support for particularly significant projects will be up to 10% of the project investment, with a maximum support of RMB 100 million.

3. Commercial banks will be encouraged to set up a "Specialized, Refined, Unique, and Innovative Loan" scheme with a total scale exceeding RMB 400 billion, offering up to 30% interest subsidies on credit loans for SRI SMEs under an "immediate enjoyment without application" policy.

Source:

Ill Dispute Resolution – Related Releases

Name: Results of Applications for Confirmation of Eligibility Under Article 2(1) of the Arrangement on Mutual Assistance in Support of Arbitration Procedures Between Courts of China's Mainland and Hong Kong SAR

Competent Authority: Department of Justice of the Hong Kong Special Administrative Region Government

Release Date: April 2, 2025

Effective Date: April 2, 2025

[Main Contents]

1. If parties choose Hong Kong as the seat of arbitration and select designated arbitration institutions, including the CIETAC Hong Kong Arbitration Center and the Shanghai International Arbitration (Hong Kong) Center, they may apply for preservation measures to an intermediate people’s court in mainland at either the respondent's domicile, property location or evidence location before the arbitration award is issued, following the provisions of the Civil Procedure Law of PRC, the Arbitration Law of PRC, and relevant judicial interpretations.

Source:

Name: Announcement on the Importation of Commercial-Scale Batches of Foreign Marketed Drugs Before Approval (Draft for Public Comments)

Type: Draft for Public Comments

Competent Authority: National Medical Products Administration

Release Date: April 7, 2025

Deadline for Public Comments: April 22, 2025

[Main Contents]

1. After obtaining Chinese drug approval certificates, foreign marketed drugs will be permitted for import and sale if they meet the requirements including being innovative drugs, having obtained foreign licenses for sale, and passing GMP (Good Manufacturing Practice) conformity inspections.

Source:

*Authors: Yanting Hu, Xinmeng Xia

*Editor: Yanting Hu

来源:小可课堂

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