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…

Representative Office’s Taxation Issues in China

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Representative Office’s Taxation Issues in China

Written by Yang, Shujuan

The most direct way to indulge into the China market is to set up local presence. Various forms of foreign investment vehicles are available for different business objectives and operations, including, among other things, equity joint ventures, cooperative joint ventures , or…

Property tax to come soon

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The national levy of the property tax has been in rumor for years and actually it has been imposed as pilot projects in some cities across China.

Today, a piece of news from Anbound (www.anbound.com.cn) newsletter titled “property tax possible to be imposed on commercial real estates next near” seems to make the property tax loom large. The dean of the real…

Pre-registration system in Chinese property law

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1. Provision in the law

On October 1, 2007, the Property Law of China comes into effect, a landmark event in China’s legislation history and in the cause of establishing rule of law in China.

Among those shining points in this new law, I single out and introduce the pre-registration system for your reference.

Article 20 of the Property Law provides:

“the parties…

Notarization Law of the People’s Republic of China

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Notarization Law of the People’s Republic of China
(Adopted at the 17th Session of the Standing Committee of the Tenth National People’s Congress on August 28, 2005)
Chapter I General Provisions

  Article 1 This Law has been enacted for the purposes of regulating notarization activities, ensuring that the notarization institutions…

Lease contract registration

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Recently one of our clients complained to us that the real estate exchange center (an authority in charge of real estate registration, “Exchange Centre”) refused to accept their lender-approved lease contract designed for their service apartment project simply because their lease had not adopted the Shanghai model lease contract form. Without such…

Land Regulation Framework in China

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1. types of land
According to the Land Law of the People’s Republic of China, effective as from January 1, 1999 (the “1999 Land Law”), land in China is basically categorized into three kinds, namely, agricultural land, construction land and unutilized land. The agriculture land refers to those directly used for agricultural production, including …

Individual income tax reduction raised in China

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On December 29, 2007, the China’s parliament, the standing committee of the National People’s Congress, has just enacted an amendment to the Individual Income Tax Law, raising the threshold of the amount of taxable income from RMB 1,600 to RMB 2,000, a move aimed to alleviate the embarrassment of the pockets of the low income earners against the backdrop…

Hierarchy of Chinese legislation

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Very often in a contract or a legal opinion, it is critical to distinguish what kind of laws and regulations are applicable or concerned. Most countries have more than one legislature bodies and legislation at different levels is given different legal force. China has enacted its legislation law in the year of 2000, namely, the Law of Legislation of China (“Legislation…

Heavy maze over house prices

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News in the media has been divided in guesstimating where the house prices are going. Very often, good news and bad news appear on the same webpage, leaving readers in sway.

Confusion is thick especially in the residential property markets with transaction volume being reported to go down sharply in May which used to be a “red month” meaning golden time for…

Entities you can set up under China Company Law

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Though in a foreign investment context, we often use the foreign invested enterprise to refer to the entities foreign investors may set up in China, nowadays most entities established by foreign investors are companies under the company law of China rather than an enterprise. In the Chinese legal jargon, a company is for sure regarded as an enterprise but an…

Enterprise Bankruptcy Law of the People’s Republic of China

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Enterprise Bankruptcy Law of the People’s Republic of China

  (Adopted at the 23rd Meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2006)

  

Chapter I  General Provisions

  Article 1 This Law is enacted with a view to regulating the procedure for enterprise bankruptcy, fairly settling…

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