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By Björn Etgen
The social insurance law will take effect on 1 July 2011 governing 5 categories of social insurance.
By Björn Etgen
The Interpretation of the Agreement between the Government of the PRC and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and the Protocol of the Agreement was promulgated by the State Administration of Taxation on 1 September 2010 ("Circular 75"). Although merely an interpretation of the PRC-Singapore tax treaty, it applies to all similar double tax treaty provisions and supersedes all previou
By Björn Etgen
The Interpretation (III) of the Supreme People’s Court on Several Issues on the Application of Law in the Trial of Labour Dispute Cases ("Interpretation III"), which was adopted by the Judicial Committee of the Supreme People’s Court on 12 July 2010, came into effect on 14 September 2010.
By Björn Etgen
The Chinese Ministry of Commerce recently promulgated the Notice on Relevant Issues concerning the Examination, Approval and Administration of Projects of Foreign Investment in Internet and Vending Machine Sales ("Notice").
By Björn Etgen
The Measures for the Supervision and Administration of Contract Violations ("Measures") promulgated by the State Administration of Industry and Commerce ("SAIC") were implemented on 13 November 2010.
By Björn Etgen
On 19 October 2010, the State Council announced a new national campaign to crack down on counterfeit products and IPR infringements. This new campaign started at the end of October and will continue for six months.
Revised new rules in China impose onerous registration requirements for all new chemical substances produced in or imported into the People’s Republic of China ("China"). These revised regulations, titled "Measures for Environmental Management of New Chemical Substances", require almost all businesses dealing with chemical substances in China to comply with the registration and reporting requirements, and are significantly more burdensome than the previous rules. They became effective on 15 Octo
By Sylvia Zhang
Taxation of enterprise reorganisation is a current focus of PRC tax authorities. The Circular on Several Issues Concerning the Enterprise Income Tax Treatment of Enterprise Reorganisations ("Circular 59"), issued on 30 April 2009 and retroactive from 1 January 2008, outlines the tax treatment of equity transfers in connection with an enterprise reorganisation. It distinguishes between a deal where capital gains are subject to a withholding tax at the time of the transaction, and one where the ta
By Sandy Sung
The Provisional Minimum Wage Commission is planning to propose a minimum wage rate to the Hong Kong Government. This may take place as early as July 2010, before the Legislative Council, which has the authority to accept or reject the proposal, takes its summer recess.
By Willi Vett
Product quality, after-sales service and product liability concerns have been receiving increased attention in the PRC. High profile cases, such as the recent milk scandal involving Sanlu, have highlighted product liability concerns and put pressure on national and local authorities to enact legislation and streamline administrative proceedings. PRC consumers are becoming increasingly aware of their legal rights and are willing to enforce them, if necessary, through court proceedings. Generally
By Tracy Liu
On 1 March 2010, a new structure for foreign investment--the foreign-invested partnership ("FIP")--was officially launched in China, and local media reported the registration of China’s first FIP in Kunshan, Jiangsu.
By Björn Etgen
In response to the small number of foreign-invested enterprises ("FIEs") listed on Chinese stock exchanges and the decline of inbound direct foreign investment, the PRC Ministry of Commerce in the summer of 2009 announced that it would formulate policies to encourage FIEs to "go public" in China. Along similar lines, work is progressing on the establishment of an international board at the Shanghai Stock Exchange to facilitate the future issuance of A shares by foreign companies.
By Susanne Rademacher
On 4 January 2010, the State Administration of Industry and Commerce ("SAIC") and the Ministry of Public Security jointly promulgated a notice that places additional restrictions and re¬quirements on new and existing foreign representative offices ("RO"). The local AIC in Beijing implemented the notice on 15 January 2010; other cities and provinces swiftly followed or are expected to do so soon. The more stringent criteria on RO registration are summarised below.
By Yin Summer
On 25 November 2009, the State Council of the PRC promulgated the Measures on Administration of Establishment of Partner¬ships by Foreign Enterprises or Individuals in China ("Partnership Measures"), which became effective on 1 March 2010. A foreign-invested partnership ("FIP") as described in the Administration Measures refers to a partnership set up by at least two foreign enterprises or individuals, or one set up by foreign enterprises or individuals together with Chinese individuals, legal p
By Jenna Wang-Metzner
Foreign investors in China are increasingly using shares in existing domestic companies to acquire an interest in other domestic companies. But they should be aware of certain restrictions be¬fore contemplating such a move. PRC law allows a shareholder of a limited liability company or a company limited by shares ("Invested Company") to make capital contribution in the form of equity held in another domestic company ("Equity Company"), provided that the sum of the equity and other non-monetary p