老挝外资准入法律制度体系研究

Research on the Legal System of Foreign Investment Access in Laos

老挝外资准入法律制度体系主要由企业制度、行业制度以及审批制度构成。企业制度层面,《企业法》规定了三种投资方式和三种企业类型;行业制度层面,《投资促进法》将投资行业分为一般类和特许类,其中非受管控的一般类行业适用自动渠道,即不需要事先审批而直接进行工商登记。审批制度层面,主要指特许类和受管控的一般类行业,需要先经过投资促进监督委员会的审批再进行工商登记。老挝外资准入立法透明度不高、立法空白较多,但相关国际法弥补了国内立法的不足,革新开放的政治决心弥补了法治的不足。中国企业向老挝投资,需要充分了解当地法律,做到合规投资、合规经营,在投资过程中还需要注意引入规则和标准以及承担社会责任。

The main legislation for foreign investment access in Laos is the Investment Promotion Law of 2016, and its legal system for foreign investment access can be divided into enterprise system, industry system and approval system. The Lao Enterprise Law provides for three forms of investment and three forms of enterprises, and the Investment Promotion Law divides the investment industry into general and concessionary categories, of which the non-controlled general industries are subject to automatic channels, that is, direct business registration without prior approval, while the concession and controlled general industries need to be approved by the Investment Promotion Supervision Commission before business registration. The transparency of Laos’ s foreign investment access legislation is not high, and there are many legislative gaps, but the relevant international law has made up for the lack of domestic legislation, and the political determination to innovate and open up has made up for the lack of rule of law. Chinese enterprises should fully recognize the investment value of Laos and understand local laws, so as to make investment and operation without violating local rules and regulations. What’s more, we should pay attention to the introduction of rules and standards and the assumption of social responsibility in the process of investment.