* * * How to sign an investment agreement?

* * * Basic principles for drafting the model text of investment promotion agreement.

1. Principle of legality

(1) The signing entity should be legal.

In principle, the county (city), district (* * *) or development zone management committee where the project is located should be the signing subject of the project investment cooperation agreement (master contract). Major investment projects involving the city * * * promised related policies or coordination related matters, the city * * * signed a framework cooperation agreement with investors. During the signing process, the following points should be noted:

First, special contracts such as land transfer contracts and franchise contracts cannot be replaced by investment contracts; In addition, investment contracts should comply with the relevant provisions of these special contracts.

Second, in general, investment agreements are mostly signed by the investor's parent company and * * *, and the project implementation is mostly undertaken by the local project company. Therefore, attention should be paid to the inclusiveness of investors' obligations in the investment promotion contract, that is, the relevant obligations promised by the parent company should also be binding on its project company.

(2) *** commitment is legal.

First, the county (city), the district * * *, and the Development Zone Management Committee cannot exceed their authority to replace the commitments made by the superior * * or the higher authorities (such as land supply, fee reduction and exemption, tax incentives, etc.). );

Second, when public utilities provide services (such as water, electricity, gas and communication). ), * * * can only promise to coordinate, but can't promise to arrange everything;

Third, when it comes to the relationship between investors and third parties, * * * should not easily promise to take all the responsibilities (for example, in some projects, * * * promises that all disputes in adjacent relationships will be resolved by * * during the project construction process, ensuring that investors will not bear any responsibilities, etc. );

(3) the way of support should be legal.

It is necessary to grasp the differences between financial support policies and tax preferential policies such as tax reduction and exemption, tax refund after levy and tax refund after levy, and use more financial support policies as much as possible and less tax preferential policies.

2. Two-way constraint principle

"Two-way constraint" is an effective management mechanism explored and summarized in Hefei's investment promotion activities, and it is also one of the effective means to improve the success rate of investment promotion projects. In recent years, in the major project investment contracts signed by counties (cities), districts and development zones, the "two-way constraint" mechanism has been implemented as an important content through specific contract terms. On the one hand, within the scope permitted by national laws and policies, investors are given various preferential policies and support policies to the maximum extent, on the other hand, investors are strictly restricted from earnestly fulfilling the contract terms, fulfilling the obligations of project investment and construction, and fulfilling the commitments of various economic indicators. Practice has proved that it is not only feasible but also necessary to fully implement the "two-way constraint" mechanism in major project investment contracts.

3. Remedial principle

On the one hand, it is necessary to ensure the validity of all contract terms, and at the same time, it is necessary to ensure that once the defaulting party breaches the contract, it can effectively investigate the defaulting party's liability for breach of contract through litigation, arbitration and other channels. From this perspective, investment contracts should try to avoid specifying some vague, unmeasurable or inaccurate indicators.

(four) the understanding and application of the key terms of the investment cooperation agreement in the model text.

The Investment Cooperation Agreement is the most important and core agreement among the three agreements involved in the model text, which is signed by * * * or the Development Zone Management Committee and the investor. This part will focus on three aspects: project construction land, project support policy and two-way restraint mechanism.

1. Project construction land

(1) Land use right acquisition method

The provisions on transferring the right to use state-owned land by agreement (Decree No.2 1 of the Ministry of Land and Resources) stipulate that if there is only one intended user in the same plot, the administrative departments of land and resources of the people of the city and county may transfer it by agreement; Except for commercial land, tourist land, entertainment land and commercial housing land. If there are more than two people who intend to use the same plot, the administrative departments of land and resources of the people of the city and county shall transfer the right to use state-owned land by means of bidding, auction and listing in accordance with the provisions on transferring the right to use state-owned land.

The Provisions on Transferring the Right to Use State-owned Construction Land by Bidding, Auction and Listing (Order No.39 of the Ministry of Land and Resources) stipulates that if there are more than two intended land for business purposes such as industry, commerce, tourism, entertainment and commercial housing on the same plot, it shall be transferred by bidding, auction or listing.

According to the above regulations, in most cases, the construction land for investment projects (including manufacturing projects, service projects and other business projects) needs to be provided by bidding, auction and hanging. Therefore, it must be clearly stipulated in the investment contract that the project land should be obtained by bidding, auction and hanging according to the prescribed procedures, and the land cannot be provided by agreement.

(2) Pre-examination of land use scale

In the stage of investment intention, the land departments of counties (cities) and development zones should intervene in advance. According to the principle of economical and intensive land use, combined with investment situation, market prospect, product technology, tax expectation, land use expectation and ranking in the industry, the land use scale will be pre-examined. The Development Park shall fill in the Pre-examination Form of Hefei Industrial Project Land and submit it to the Municipal Bureau of Land and Resources for review. After the Municipal Bureau of Land and Resources puts forward its opinions and reports them to the leaders of the Municipal Bureau of Land and Resources for examination and approval, it shall sign the Agreement on Entering the Park into the Zone (i.e. the Investment Cooperation Agreement). The relevant planning, output value (main business income) and fiscal and taxation constraints in the Admission Agreement and the Area shall be written into the land transfer contract together. As the basis of land use (plan) arrangement of the project, the pre-trial of land scale should be planned in a unified way according to the project construction period and construction order, and how much to build, supply and arrange by stages.

(3) Land price

Land price is a sensitive content in investment contracts. The investment cooperation agreement was signed before the actual bidding work. At this time, the final land supply price has not been determined, and it is illegal to sell land below the benchmark land price or even zero land price. Therefore, it is stipulated in the model text that investors should obtain the land use right of the project construction land according to law through bidding, auction and listing. The nature of land use right is to transfer industrial (commercial, residential) land. Where the land use right is transferred by listing, the listing price shall not be lower than the minimum listing price stipulated by Hefei * * * *. The specific listing price is stated in the Supplementary Agreement, and it is stipulated in the Supplementary Agreement that if the investor bids successfully, he should sign the Assignment Contract for the Right to Use State-owned Construction Land with Hefei Municipal Bureau of Land and Resources in time, and the land price shall be subject to the transaction price. In this way, investors must acquire land through bidding, auction and delisting, and the part of the transaction price higher than the intended transferee price can only be solved through other support policies, but not directly through the reduction or exemption of transfer fees or directly giving way to land prices.

(4) Land transfer price evaluation adheres to the principle of legality and compliance.

Commercial self-sustaining part, commercial selling part and residential part should be classified and comprehensively evaluated when evaluating land price. The self-sustaining part of the business should be classified and evaluated according to the business type. Cost method can be used to evaluate the land price of commercial self-sustaining, that is, the area with benchmark land price should not be lower than the benchmark land price, and the area without benchmark land price should not be lower than the land acquisition cost.

The reference price and reserve price of land transfer shall be determined by the collective decision of the Municipal Land Management Committee.

(5) Restrictions on the transfer of land use rights

It is explicitly required that the land for project construction obtained by the investor can only be used for the project construction agreed in this agreement. Unless both parties reach an agreement through consultation and are approved by the planning and land resources management department, the investor shall not transfer the land use right in any way (including indirect transfer through land use right contribution and equity transfer of the project company). If it is really necessary to transfer in whole or in part due to changes in circumstances, the transferee can only be a third party designated by * * * or * * *. Restrictive measures are also agreed in the two-way binding mechanism of the model text, including demanding the return of the cashed support funds and canceling the unfulfilled support policies until the land is recovered. In practice, it is rare for investors to transfer land directly. In most cases, it is indirectly transferred by transferring the equity of the project company or changing the land use.

What is a * * * investment enterprise? Local * * * (or local * * *) development zones attract investment (mainly non-local investors). Attracting foreign investment originated from the development zone established in China due to the open policy, and in the early days it mainly absorbed foreign direct investment (FDI) in manufacturing industry. The demonstration effects caused by investment attraction in China's early coastal development zones (the growth of local economic aggregate, local fiscal revenue, local employment, local infrastructure investment and the promotion ratio of local officials) were discovered by local officials. Subsequently, a large number of development zones were established at all levels in China, and investment attraction was carried out. Attracting investment has once become the main work of local governments at all levels, appearing in reports and work plans at all levels.

Attracting investment refers to the local * * * (Development Zone) sales behavior in which the main form is to persuade investors to transfer land or lease factories in view of the investment environment of a region.

Attracting foreign investment in various places is mainly from absorbing foreign capital to absorbing domestic and foreign capital at the same time, from absorbing investment in the secondary industry to absorbing the tertiary industry and the primary industry at the same time. [edit this paragraph] general table for attracting investment 1, with special items->; Looking for funds;

2. Have funds-> Looking for projects;

3. There are also projects and funds-> Find a place to settle down;

4. There are projects, technologies and brands-> Looking for funds;

5. No project, no technology and no funds-> Transfer land. [Edit this paragraph] The effect of introducing foreign capital is 1, which makes up for the shortage of enterprise funds and promotes economic growth and development;

2. The introduction of foreign advanced technology and equipment has promoted the improvement of productivity in China;

3. The comprehensive quality of products has been significantly improved, and the international competitiveness has been significantly enhanced;

4. Improve the management level of enterprises in China and accelerate the transformation of economic mechanism of state-owned enterprises;

5, the use of local advanced technology to introduce funds to promote the transformation of science and technology into productive forces.

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Where can I do * * * investment training? International industrial transfer investment consulting organization

Attracted by * * *, the project was stopped by * * * Legally speaking, if there is evidence, you can sue * * *, but in practice, it is not only a waste of homework, but also a lot of trouble. So in this case, you can only admit that you are unlucky, pay more attention in the future, and then give negative publicity to the local people on some occasions, which will affect their investment attraction and give evil spirits.

* * * What is your major in investment promotion training? The following information may be helpful to you.

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* * * What channels are used to promote investment attraction? Advantage platform investment: It is necessary to build a good investment platform and form a comparative advantage of platform construction in order to attract businesses to stay.

Humanities platform, information platform, and build a powerful and effective network platform. The network platform is rich in information, low in cost, convenient and fast. Being able to collect and sort out information and promote packaging projects without leaving home has become the most basic means of attracting investment in many developed regions.

Intermediary platform. At present, there are some intermediaries specializing in attracting investment both inside and outside the city and at home and abroad, such as domestic and foreign chambers of commerce and trade associations. They have resources, reputation and extensive business. Entrusting them to attract investment can not only reduce our investment cost, but also attract practical and good projects. For example, setting up investment promotion agencies and entrusting domestic and foreign investment promotion intermediaries and window enterprises to attract investment can greatly broaden the horizons and ways of attracting investment and make it more effective.

Enterprise platform. Strengthen communication with key enterprises, timely communicate information, and connect projects, so that these enterprises can become our investment resources and attract enterprises to invest. Only by "introducing one, building one and bringing a batch" can we get the greatest investment promotion effect. Further encourage enterprises in our region to carry out joint ventures and cooperation with superior enterprises, superior funds and superior technologies, start new projects, and commend and reward enterprises with outstanding achievements.

There is no fixed formula for attracting investment, and innovation is the driving force for continuous progress in attracting investment; Innovating investment promotion methods and broadening investment promotion channels are important ways to do a good job in investment promotion.

The demonstration agreement on attracting investment is to develop the regional economy, implement the investment plan more effectively and promote the economic cooperation between Zhejiang Province and Shangjie District of Zhengzhou City.