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With the approval of the Chinese Government, the foreign investment
companies established in Liaoning Province, if they accord with
the conditions for legal persons, can obtain the legal personality
according to the law. The Chinese law protects all the legal rights
of the foreign investment companies, including the foreign investors'
property ownership, distribution rights and the disposal rights
of the proper income.
¢ñ.The government protects the autonomous power in management
of the foreign investment companies according to the law, and supports
the foreign investment companies to manage the business according
to the international practice. The foreign investment companies
have the right to design their own production and management plans,
raise and utilize funds, purchase materials and sale products, within
the range of the contracts approved.
¢ò.According to the demand of production and management,
foreign investment companies can decide the organizational structure
and personnel body, employ and dismiss different levels of management,
add or dismiss employees, etc., by themselves. The employees from
the original company of the Chinese partner, according to the contract,
have the priority to be employed in vacant positions. Besides them,
the employees should generally be employed from the local area of
the company. The engineers and managers can be employed from other
parts of China or abroad.
¢ó.After executing the obligations termed by the law,
the agreement and the contract, and after paying the income tax
according to the regulation, the net profit, the net capital obtained
after the period of management is over or the company is discontinued,
and other proper income of the foreign investors may be transferred
abroad.
¢ô.The foreign investment companies can take out various
types of insurance policies from the local insurance companies or
other insurance companies with approval.
¢õ.The patent technology provided by the foreign investor
and approved in China and China's Patent Law and Trade Mark Law
protect the registered trademark. When infringement occurs, the
injured party may appeal to the patent administration or the industrial
and commercial administration for a solution, or it could bring
the case to court.
¢ö.For Sino-foreign joint ventures and cooperative management
companies, when executing the contract (agreement), if dispute occurs,
and cannot be solved with negotiation or conciliation, according
to the written agreement of the arbitration concerned, any disputing
party can bring the case to the local China People's Court.
¢÷.ChinaThe nation will not nationalize or expropriate
foreign investment companies. Under special circumstances, according
to the need of social profit, the nation may expropriate certain
foreign investment companies following lawful procedures, and will
give foreign investors compensation accordingly.
¢ø.The government especially encourages foreign investment
in export product manufacturing or advanced technology companies,
and will give preferential policies in taxation, etc., to such companies.
¢ù.The rights of foreign investors in China areis also
protected by the bilateral investment insurance agreement or protection
agreement and the agreement to prevent the double taxation between
the Chinese Government and the government of the foreign investor's
country.
¢ú.We encourage the investment from overseas Chinese
and the compatriots from Hong Kong, Macao and Taiwan. The foreign
investment by overseas Chinese and the compatriots from Hong Kong,
Macao and Taiwan may enjoy preferential treatment accordingly. Besides,
the nation has also drawnew up and issued The State Council's Regulations
for Encouraging the Investment by Taiwan Compatriots, The State
Council's Regulations for Encouraging the Investment by Overseas
Chinese and Hong Kong and Macao Compatriots, and The Taiwan Compatriots'
Investment Protection Act of People's Republic of China, and Liaoning
Province has specially issued Lliaoning Province's Implementation
Method for Encouraging Investment by Taiwan Compatriots. The purpose
of implementation of these laws and regulations is to guarantee
the legal rights of investors and the safety of their investment.
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