* * * How to sign an agreement for attracting investment?

*** How to sign an agreement for attracting investment

Basic principles for drafting model words

1. Principle of legality

(1) The signing subject should be legal

In principle, the county (city), district * * * or development zone management committee should be the signing subject of the project investment cooperation agreement (main contract), and major investment projects involve the city * *. In the process of signing the contract, it is important to pay attention to the following points:

First, special contracts such as land transfer contracts and franchise contracts cannot be replaced by investment contracts; Moreover, the investment contract should be in harmony with the relevant provisions of these special contracts.

Second, under normal circumstances, 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) *** promises should be legal

First, the county (city), district * * *, and development zone management committees can't exceed the permission right to replace the superior * * * or the superior authorities to make commitments (such as land supply, fee reduction and exemption, tax incentives, etc.);

Second, when it comes to services provided by public utilities (such as water, electricity, gas, communications, etc.), * * * can only promise to coordinate, but cannot promise to arrange everything;

Third, it involves the relationship between investors and third parties, so it is not appropriate for * * * to easily undertake the responsibility (for example, in some projects, * * * promises that all disputes over neighboring relationships will be settled by * * in the process of project construction, ensuring that investors will not bear any responsibilities, etc.);

(3) Support methods should be legal

We should grasp the difference 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 a set of 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, it gives investors various preferential policies and support policies to the maximum extent within the scope permitted by national laws and policies, on the other hand, it strictly restricts investors from earnestly fulfilling the contract terms, fulfilling the project investment and construction obligations, 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. The principle of remedies

is to ensure the validity of all contract terms on the one hand, and to ensure that the defaulting party can be effectively investigated for breach of contract liability through litigation, arbitration and other channels in case of breach of contract. From this perspective, investment contracts should try to avoid stipulating some vague, unquantifiable or inaccurate indicators.

(IV) Understanding and application of relevant key clauses 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 was 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) Method of obtaining land use right

The Provisions on Transferring the Right to Use State-owned Land by Agreement (Order No.21 of the Ministry of Land and Resources) stipulates that if there is only one person who intends to use the same land in the announced lot, the administrative departments of land and resources of the people of the city and county may transfer it by agreement in accordance with these regulations; Except for commercial land, tourism land, entertainment land and commercial housing land. If there are two or more people who intend to use the same plot, the administrative department of land and resources of the people of the city or county shall transfer it by tender, auction or listing in accordance with the Provisions on Transferring the Right to Use State-owned Land by Bidding, Auction and Listing.

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 commercial land such as industry, commerce, tourism, entertainment and commercial housing, as well as those with more than two intended land on the same plot, 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 promotion 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

At the stage of attracting investment, 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 the investment situation, market prospect, product technology, tax expectation, land use expectation and ranking in the industry, the pre-examination of land use scale will be carried out. The development park will fill out the Pre-examination Form of Hefei Industrial Project Land and submit it to the Municipal Bureau of Land and Resources for review, and the Municipal Bureau of Land and Resources will submit its opinions to the leaders of the Municipal Bureau of Land and Resources for examination and approval before signing the agreement on entering the park and entering the zone (that is, the investment cooperation agreement). The relevant planning, output value (main business income) and fiscal and tax constraints in the agreement on entering the park and the area should be written into the land transfer contract together. As the basis of project land (plan) arrangement, the pre-trial of land scale should be planned in a unified way according to the project construction cycle and construction sequence, and how much to build, how much to supply and how much to arrange by stages.

(3) Land price

Land price is a sensitive content in the investment contract. The investment cooperation agreement was signed before the bidding work was actually carried out. At this time, the final land supply price was not determined, and it was illegal to sell land or even zero land price below the benchmark land price. Therefore, it was stipulated in the model text that the investor should obtain the land use right of the project construction land according to law through bidding, auction and hanging. The nature of the land use right is to transfer industrial (commercial, residential) land. If 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 succeeds in bidding, the investor shall sign the Transfer Contract for the Right to Use State-owned Construction Land with Hefei Land and Resources Bureau in time, and the land price shall be subject to the transaction price. In this way, investors must acquire land through bidding and delisting, and the part whose transaction price is higher than the intended transferee price can only be solved through other support policies, not directly by reducing or exempting the transfer fee or directly giving way to the land price.

(4) The evaluation of land transfer price adheres to the principle of compliance with laws and regulations

The commercial self-sustaining part, the commercial selling part and the residential part should be classified and comprehensively evaluated when evaluating land price. The self-sustaining part of the business should be classified and evaluated in combination with the type of business. The cost method can be used to evaluate the land price of the commercial self-sustaining part, 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 of land transfer and the reserve reserve price are determined by the collective decision of the Municipal Land Management Committee.

(5) Restrictions on the Transfer of Land Use Rights

It is clearly required that the land for project construction obtained by the investor can only be used for the project construction agreed in this agreement, and the investor shall not transfer the land use rights in any way (including indirect transfer through land use rights contribution, equity transfer of the project company, etc.) unless both parties reach an agreement through consultation and are approved by the planning and land resources management department. If it is really necessary to transfer in whole or in part due to the change of 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, canceling the unfulfilled support policies until the land is recovered. In practice, it is rare for investors to transfer land directly, and 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 development zone established by local * * *) absorbs investment (mainly non-local investors). The investment attraction originated from the development zone established in China due to the open policy, and in the early days it mainly focused on absorbing Foreign Direct Investment (FDI) in manufacturing. The demonstration effects caused by the investment attraction of China's early coastal development zones (local economic aggregate growth, local fiscal revenue growth, local employment increase, local infrastructure investment increase, and the promotion ratio of local officials increase) were discovered by local officials, and then a large number of development zones were established at all levels in China and investment attraction work was carried out. Investment attraction once became the main work of local governments at all levels, and appeared in reports and work plans at all levels.

attracting investment refers to the sales behavior of local * * * (development zone) aimed at the investment environment of a region, mainly in the form of persuading investors to accept land or lease factories.

investment attraction in various places is changing from mainly absorbing foreign capital to simultaneously absorbing domestic and foreign capital, from mainly absorbing investment in the secondary industry to simultaneously absorbing the tertiary and primary industries. [Edit this paragraph] General forms of attracting investment 1. There are special projects->; Looking for funds;

2. There are funds -> Find a project;

3. There are 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 1. It makes up for the lack of funds for enterprises and promotes economic growth and development;

2. The introduction of foreign advanced technologies and devices has promoted the improvement of China's productivity;

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

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

5. Use local advanced technology to introduce funds to promote the transformation of science and technology into productive forces. * * * What's the good training for attracting investment?

Our China Merchants Group organized a three-day training. Several teachers arranged by Beijing Lizhiquan Behavioral Science Research Institute are experienced in actual combat, giving wonderful lectures and having a lot of interactive training with our students. The training method is novel, and the content is practical in combination with our local conditions. We have benefited a lot. We recommend them to you to search and see their information on the Internet. Where can I do * * * investment training?

the international industrial transfer investment consulting agency

was invited by * * * and 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. Therefore, in this case, you can only admit that you are unlucky, pay more attention in the future, and then do negative publicity for the local people on some occasions, which will affect their investment attraction and give evil spirits. * * * What is your major in attracting investment training?

The following information may help you.

The reputation of China Administrative Training Network is still good in the circle,

:xzpx./kechenginfo.asp? Id=27

China administrative training network xzpx. *** What channels are used to promote investment attraction?

Advantage platform investment promotion: It is necessary to build a good investment promotion platform and form a comparative advantage of platform construction, so as to attract merchants to stay.

a humanistic platform and an information platform to build a powerful and effective network platform. The network platform has a large amount of information, low cost, convenience and quickness. It can collect and sort out information and promote packaging projects without leaving home, which has become the most basic means of attracting investment in many developed regions.

intermediary platform. At present, there are some intermediary agencies specializing in investment promotion both inside and outside the city and at home and abroad, such as chambers of commerce and trade associations at home and abroad. 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 agents 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 investment promotion more effective.

enterprise platform. Strengthen communication and contact with key enterprises, timely communicate information and connect projects, so that these enterprises can become investment resources for our use and attract business investment. By "introducing one, building one and bringing a batch", we can get the greatest effect of investment promotion. Further encourage enterprises in our region to carry out joint ventures and cooperation with superior enterprises, superior capital and superior technology, start new projects, and commend and reward enterprises with outstanding achievements.

there is no fixed formula for attracting investment, and pioneering and innovation are the driving force for the continuous progress of attracting investment; It is an important way to do a good job in attracting investment by innovating investment methods and opening up investment channels. Model investment invitation agreement

In order to develop regional economy, implement investment invitation plan more effectively, and promote economic cooperation between Zhejiang and Zhengzhou shangjie district,