How to protect foreign investors in Sino-foreign equity joint ventures?

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Over time, foreign investors have come more and more inclined to “go alone”, i.e. setting up a WOFE (wholly foreign owned enterprise), when making green field investment in China. The reason behind is that Chinese partners may proved to be unreliable and may and can mess up things altogether. Look at the battle between Wahaha and Donone. Wherever it is possible…

Chinese tourism market

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A Japanese travel agency recently got approval from the Chinese authorities to set up a totally foreign-funded company in China, the first of its kind so far. What does it mean? Is it a challenge or chance for local companies to compete with increasing power?

China boasts a large population and vast geographical areas. They are natural catalysts for the development…

foreign exchange issue in regard of foreign invested partnership enterprises

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Since China cabinet issued the Administrative Measures on Foreign Entities or Individuals Establishing Partnership Enterprises in China (the “Measures”), it has stirred up waves of interests among foreign investors. We have translated the Measures into English language and listed the advantages of this new investment vehicle (you can click here…

what if your spouse buys a house for his or her lover/mistress?

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A foreign woman recently approached me for advice on her situation: she came to Shanghai with his husband who was an executive of internatinal company. She recently found out her husband is having an affair with a Chinese girl. What is more, she also discovered that her husband had spent a big sum of money on purchasing a luxury apartment the title of which is registered…

Setting up a foreign invested travel agency in China

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To meet its undertakings upon the entry into the WTO, China has promulgated the Regulation on Travel Agency (“Regulations”), effective as from May 1, 2009, which also incorporates rules for setting up foreign invested travel agencies (“FITA”). Previous regulations issued by Ministry of Tourism (“MOT”) and Ministry of Commerce (“MOC”)…

Trial Measures for the Investment in and Establishment of Sino-Foreign Equity Joint Venture Enterprises and Sino-foreign Cooperative Joint Venture Enterprises by Domestic Natural Persons in Pudong New Area

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Trial Measures for the Investment in and Establishment of Sino-Foreign Equity Joint Venture Enterprises and Sino-foreign Cooperative Joint Venture Enterprises by Domestic Natural Persons in Pudong New Area

Promulgating Institution: Shanghai Administration of Industry and Commerce; Shanghai Pudong New Area People’s Government
Document Number:…

Employment with a representative office in China

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Frequently I was inquired by people working in a representative office (hereinafter “Rep Office”) of a foreign Company about labor & employment issues. Recently I have also represented a foreigner, a representative in a Rep Office of a foreign architecture firm, in a labor dispute. I feel it necessary to clarify some of the rules regarding…

China to expand work injury coverage to its workers

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China state council is considering revising the current Work Injury Insurance Regulation, according to news.

The major focus is on whether injury happening on the way to office or home should be regarded as work injury. Currently, it is provided in the regulation that injury caused by road accident involving motor vehicle (on the way to office or home) shall…

New rules for setting up representative office in China

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On November 19, 2010, China Cabinet, the State Council, promulgated a new piece of regulation, entitled “Regulation on the Administration of Registration of Representative Offices of Foreign Enterprises”, overhauling and replacing the old rules that have been in operation as from March 15, 1983.

There are a number of notable changes in these new rules.…

Tort liabilities relating to employment-take domestic workers as illustration

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In Shanghai, there are basically two ways of hiring an Ayi from market. (1) you find the Ayi by yourself or through a friend and you pay her directly and thus establish an employment relationship with the Ayi; (2) you hire the housekeeping/babysitting service from a company or firm in the market and the company sends their staff to your house but you pay the company…

The Political Divisions in China

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An investment in China is often subject to regulation of more than one level of the governments. However, it is very often confusing to a foreigner to understand the political divisions through reading some scattered information in that regard. I will try to make my introduction accurate and comprehensive to help you understand this issue.

Bear in mind before…

The basic steps for setting up a foreign invested enterprise in China

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1. the Catalogue of Industries for Guiding Foreign Investment in China

China has put in place for long a Catalogue of Industries for Guiding Foreign Investment in China (the “Catalogue”) which may from time to time be amended to reflect economic changes in reality. In this Catalogue, industries are basically classified into four types: encouraged, restricted,…

taxation measure to curb real estate market

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Though there is plenty of moaning and groaning in the real estate market in China, due to the central government’s tight monetary policy, it seems the tether is going to be further tightened. In a new effort stepped up by the central tax ministry, a new circular was issued on April 7, 2008 regarding the prepayment of income tax by property developers.

The new …

Shifts in real estate taxation affecting your investment

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Recently this year saw a string of shifts in tax policies that affect businesses in China, in particular, foreign invested enterprises.

â…  City and Township Land Use Tax

At the end of the year of 2006, the state cabinet revised the Interim Regulation of the People’s Republic of China on the City and Township Land Use Tax and the revised version came into force…

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