China: 乌兹别克斯坦投资法律体系

Last Updated: 26 July 2019
Article by Zhenli Zhang
Most Read Contributor in China, August 2019

乌兹别克斯坦共和国地处中亚腹地,是古代丝绸之路各种文化的交汇地,有着悠久的历史文化和众多的名胜古迹,同时也是中国"一带一路"建设的重要沿线国家。乌兹别克斯坦自然资源丰富,主要盛产"四金",即"黄金"、"白金"(棉花)、"乌金"(石油)、"蓝金"(天然气),"四金"同时也是乌兹别克斯坦国民经济的主要支柱产业。2016年,乌兹别克斯坦新任总统米尔济约耶夫上台,颁布了第уп-4947号《关于乌兹别克斯坦共和国发展战略行动》总统令,提出了乌兹别克斯坦2017年至2021年国家优先发展方向,并实行对外开放、吸引外资的经济政策。近年来,乌兹别克斯坦经济实现较快增长,2017年GDP同比增长5.3%,是中亚地区经济发展最快的国家。在"一带一路"合作的背景下,中乌两国经济互补性强,合作潜力巨大,发展前景广阔。2019年4月25日至4月27日,"一带一路"国际合作高峰论坛在北京召开,乌兹别克斯坦总统米尔济约耶夫受邀出席会议。会议期间,中乌两国在多个领域达成了合作共识,如在乌开设文化中心、发展乌兹别克斯坦数字基础设施、设立乌—中医药技术园等。在"一带一路"建设的背景下,对于走出国门的中国投资者而言,赴乌投资正当其时。

一、乌兹别克斯坦国内投资法律体系

调整乌兹别克斯坦国内投资活动的法律法规主要有《对外经济活动法》、《出口监督法》、《自由经济区法》、《租让合同法》、《产品分成协议法》、《保护措施、反倾销及补偿关税法》、《关税税率法》、《外国投资法》、《外国投资权益保障和维护措施》等。同时,乌兹别克斯坦总统签发的《关于促进吸引外国直接投资的补充措施》总统令、《2017-2021年乌兹别克斯坦五大优先发展领域行动战略》、《2016-2020年水电发展纲要》等法令文件,也是外国投资者从事投资活动的重要参考依据。

1.投资的范围

乌兹别克斯坦丰富的自然资源及能源一向最受外国投资者青睐。乌兹别克斯坦现探明的矿产约有100种,其中,黄金探明储量约3350吨,石油探明储量约1亿吨,天然气探明储量为3.4万亿立方米,煤探明储量19亿吨,铀储量为18.58万吨。同时,根据乌兹别克斯坦总统于2017年2月7日颁布的第уп-4947号《关于乌兹别克斯坦共和国发展战略行动》总统令,乌兹别克斯坦2017年至2021年在经济方面将重点巩固宏观经济稳定,保持经济高速增长,促进中小企业和私营企业发展,促进农业、交通、文化、科学、艺术等领域的现代化发展,加强吸引外资在该等领域的投资。此外,为加大吸引外资在矿产领域的投资力度,乌兹别克斯坦内阁于2017年5月31日颁布第328号内阁令——《关于批准吸引外资勘探和开采战略性重要固态矿产资源产地、埋藏地清单和选取标准的内阁令》,其中明确规定了应当为外国投资者在采矿领域投资创造合适的条件。此外,乌兹别克斯坦政府还取消了通讯行业、进出口新型化学物质、天然气管道设备、部分植物等领域的准入门槛,并缩减了铁路运输、金融市场活动、生产和销售凝析油等许可的审批时间。这些措施的施行,旨在为外国投资者在该等领域的投资活动创造优惠便利条件。

2.投资的方式

根据乌兹别克斯坦《外国投资法》第5条规定,外国投资者可以通过以下方式在乌兹别克斯坦境内进行投资:

1)参股乌兹别克斯坦的法人、银行、保险机构和其他企业;

2)取得财产权、股权和其他有价证券;

3)对知识产权进行投资,包括版权、专利、商标、实用新型、工业品外观设计、品牌和专有技术、以及商誉;

4)收购特许经营权,包括勘探、开发、开采或使用自然资源;

5)取得贸易和服务范围的对象、住宅房屋及其所在的土地所有权,以及占有和使用土地及自然资源的权利;

6)根据产品分成协议取得探矿权和采矿权;

7)其他不违背乌兹别克斯坦现行法律规定的投资方式;

此外,乌兹别克斯坦法律还规定,外国投资者最初或再次进行投资的形式上的变化,不会改变投资者的投资资格。

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