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Agreement between the Government of the People's Republic of China and the Government of the Kingdom of Sweden on the Mutual Protection of Investments [Effective]
中华人民共和国政府和瑞典王国政府关于相互保护投资的协定 [现行有效]
【法宝引证码】
  • Signatory: Sweden
  • Area: Investment
  • Category of treaties: Agreement
  • Signing Date: 03-29-1982
  • Effective date: 03-29-1982

 
The Government of the People's Republic of China and the Government of the Kingdom of Sweden, desiring to maintain fair and equitable treatment of investments by investors of one Contracting State in the territory of the other Contracting State, have agreed as follows:
 中华人民共和国政府和瑞典王国政府,愿坚持公平合理地对待缔约一方投资者在缔约另一方境内的投资,特协议如下:
Article 1 nbsp;   For the purpose of this Agreement:
(1) The term "investment" shall comprise every kind of asset invested by investors of one Contracting State in the territory of the other Contracting State in accordance with the laws and regulations of that State, and more particularly, though not exclusively,
(a) movable and immovable property as well as any other rights is rem, such as mortgage, lien, pledge, usufruct and similar rights;
(b) shares or other kinds of interest in companies;
(c) title to money or any performance having an economic value;
(d) copyrights, industrial property rights, technical processes, trade-names and good-will; and
(e) such business-concessions under public law or under contract, including concessions regarding the prospecting for, or the extraction or winning of natural resources, as give to their holder a legal position of some duration.
(2) The term "investor" shall mean:
In respect of the People's Republic of China, any company, other legal person or citizen of China authorized by the Chinese Government to make an investment;
In respect of Sweden, any individual who is a citizen of Sweden according to
Swedish law well as any legal person with its seat in Sweden or with a predominating Swedish interest.
 第一条
本协定内:
一、“投资”应包括缔约一方投资者在缔约另一方境内、依照其法律和规章用于投资的各种形式的资产,尤其是:
(一)动产、不动产及其它物权,如:抵押权、留置权、质权、用益权及类似权利;
(二)公司的股份或其它形式的权益;
(三)金钱的请求权或具有经济价值的任何行为的请求权;
(四)版权、工业产权、工艺流程、商名和商誉;
(五)根据公法或合同给予特许权持有者一段时间的合法地位的商业特许权,包括勘探或采掘和提炼自然资源的特许权。
二、“投资者”
在中华人民共和国方面,系指经中国政府核准进行投资的任何公司、其他法人或中国公民。
在瑞典方面,系指符合瑞典法律规定的瑞典公民,及所在地在瑞典境内或由瑞典公民或瑞典企业控制的任何法人。
Article 2
(1) Each Contracting State shall at all times ensure fair and equitable treatment to the investments by investors of the other Contracting State.
(2) Investments by investors of either Contracting State in the territory of the other Contracting State shall not be subjected a treatment less favourable than that accorded to investments by investors of third States.
(3) Notwithstanding the provisions of paragraph (2) of this Article, a Contracting State, which has concluded with one or more other States an agreement regarding the formation of a customs union or a free-trade, shall be free to grant a more favourable treatment to investments by investors of the State or States, which are also parties to the said agreement, or by investors of some of these States. A Contracting State shall also be free to grant a more favourable treatment to investments by investors of other States, if this is stipulated under bilateral agreements concluded with such States before the date of the signature of this Agreement.
 第二条
一、缔约各方应始终保证公平合理地对待缔约另一方投资者的投资。
二、缔约任何一方的投资者在缔约另一方境内的投资所享受的待遇,不应低于第三国投资者的投资所享受的待遇。
三、尽管有本条第二款的规定,缔约一方如已同其他国家缔结关于组织关税同盟或自由贸易区的协议,则应有给予该协议参加国投资者的投资以更优惠待遇的自由。缔约一方也有按在本协定签字前同其他国家缔结的双边协议规定,给予其他国家投资者的投资以更优惠待遇的自由。
Article 3
(1) Neither Contracting State shall expropriate or nationalize, or take any other similar measure in regard to, an investment made in its territory by an investor of the other Contracting State, except in the public interest, under due process of law and against compensation, the purpose of which shall be to place the investor in the same financial position as that in which the investor would have been if the expropriation or nationalization had not taken place. The expropriation or nationalization shall not be discriminatory and the compensation shall be paid without unreasonable delay and shall be convertible and freely transferable between the territories of the Contracting States.
......
 第三条
一、缔约任何一方对缔约另一方投资者在其境内的投资,只有为了公共利益,按照适当的法律程序,并给予补偿,方可实行征收或国有化,或采取任何类似的其他措施。补偿的目的,应使该投资者处于未被征收或国有化相同的财政地位。征收或国有化不应是歧视性的。补偿不应无故迟延,而且应是可兑换的,并可在缔约国领土间自由转移。
......

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