Trade & Investments with China: Post New Investment Laws

Trade & Investments with China: Post New Investment Laws

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Investing in China. Tay & Partners, in co-operation with Bird and Bird and supported by the Malaysian Corporate Counsel Association take a look at two very topical aspects:

Part I: The US/China Trade Dispute & China’s new Foreign Investment Laws: What it means for Malaysian Businesses

Background: China has been locked in a bruising trade dispute with the United States in recent years. In March 2019, China’s National People’s Congress passed a new Foreign Investment Law. It will come into effect on January 1, 2020 and is a new guiding document to govern foreign investment in China. The new Foreign Investment Law pledges to “build a market environment of stability, transparency, predictability, and fair competition” for foreign investors. In a recent press conference, Premier Li Keqiang explained that the law is part of China’s “fundamental state policy” to open up to the world. Li further elaborated that, “this piece of legislation is designed to better protect and attract foreign investment through legislative means.”

Part I of this seminar will review a number of the provisions that is designed to give foreign investors a level playing field with their domestic counterparts and consider how best to prepare for 2020, while understanding some of the impact of regional trade agreements.

Part II: Employment Practice & Law – A Comparative Review of China & Malaysia’s Position

Background: Employment laws are a key area of focus for businesses looking to invest in China. Rules and policies around working hours & holidays, social security contributions & unemployment benefits, Retrenchments & disputes are compliant with local laws, regulations and even market practice, can significantly impact the bottom line. Staying compliant to all the local laws and regulations is also challenging to manage.

Part II is designed as a comparative review, aimed at giving businesses insight not only into China’s approach to employment practice and laws, but contrasting it with Malaysia’s current position, in order to quickly understand some of the challenges business invested in both Malaysia and China should be aware of. Chinese firms would also benefit from this comparative review.