Getting divorced outside China

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We are talking about divorces where the parties get married in China, or one party is a Chinese national or the marital properties (for instance a house or apartment) locate in China, or otherwise a China element is involved. Such foreign-related divorces are very complicated matter when they have to be solved in court. Since a China element is involved, it will…

Procedures and tips for expats working in China

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China has enacted a special regulation governing foreigners working in China, namely, “Administrative Provisions regarding Foreigners Working in China”, coming into force on May 1, 1996.

According to this Administrative Provisions, in order to employ an expat:

1. the expat shall meet the following criteria:

(1) over 18 years old; 18-60 for…

Changes brought about by Chinese new social security law

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The new Law of the People’s Republic of China on Social Security (hereinafter, the “New Law”) has taken effect as from July 1st, 2011, revamping the old social security/insurance systems. Apparently, this New Law will bring about a few changes to people that are worthy of note.

1. Non-local people will be covered by social insurances

Previously, not …

Sorry, Sir, you are banned from leaving China

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That will be the least thing you want to hear when you are about to exit China at airports. But it may likely happen when you or the company you serve is involved in a lawsuit in China in which you may be subject to certain obligations.

Recently, one of my corporate clients consulted me regarding whether its legal representative (an American) would be restricted …

Inherit/succeed to real estate in China

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[It shall be noted that some of the information in this aged post is no longer valid, and you are encouraged to read latest posts in this regard.]

With the development of internationalization of China, it has seen steady rise in the number of cases where foreigners seek to inherit real estate properties located in China. As it is a cross-border issue, it may vex …

Sell your properties in China

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Well, I don’t want to be sounding like an alarmist by claiming that it is time to sell your properties in China because the real estate market in China is going to collapse soon. But it will be not inappropriate to remind people that China property market is really at a point where it may turn out against your interests eventually if you don’t back out timely.…

China opens outbound travel to foreign operators

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 China opened its tourism market wider and gave licenses to three joint travel services to organize Chinese tour groups overseas.

The National Tourism Administration of China on Monday gave the licenses to TUI China Travel Co Ltd, CITS American Express Travel Services Ltd, and JTB New Century International Tours Co Ltd.

The three joint ventures involve foreign…

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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It happens in real life every day, I mean, adultery. Our life is never easy and cozy in family context, and those who can no longer stand the pain often seek comfort outside family. Unfortunately, it is costly to keep a relationship of this nature.

A foreign woman recently approached me for advice on her situation: she came to Shanghai with his husband who was an …

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:…

You may now set up a joint venture entity with a PRC citizen in Pudong, Shanghai

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For many years, when a foreign natural person or entity wants to set up a joint venture in China, he can only find a Chinese entity as partner instead of a Chinese natural person. It is not clear why China has maintained this rule for so many years while in practice there are easy ways of circumventing this restriction.

However, with the adoption of PRC Foreign Invested…

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…

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