China Law & Practice

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Cybersecurity Law sparks data concern for MNCs

China’s draft Cybersecurity Law, which restricts cross-border data transmissions and requires the setting up of servers in the country, has prompted foreign companies to assess risks regarding delay, disclosure and costs

In the news: Walmart takes full control of China JV, Tsinghua Unicom bids for Micron and the SPC stops debtors from taking trains

This week Walmart took acquired the remaining shares of Yihaodian, Tsinghua Unicom's US$23 billion bid for a US chipmaker flagged cybersecurity concerns and people who failed to make court-ordered payments were banned from taking China's trains

Legislation roundup: Insurance fund, foreign shipping companies and culture in the FTZs

The China Insurance Investment Fund has been established, shipping WFOEs will be approved by the local commerce regulators and the FTZs have opened the culture and entertainment sector to foreign investment

National security review creates FDI hurdle

China’s new National Security Law makes it clear that national security review is a priority, but the widened scope and vague language used for the types of inbound transactions subject to the process may create additional uncertainty for foreign investors

Walmart China interview: How to survive and stay ahead

Daniel Shih, senior vice president and general counsel of Walmart China, explains how his team deals with workforce challenges and shifting legal landscapes in consumer protection, food safety and FDI

Full Text Translations


Official Reply on Issues for Which Instructions Have Been Requested by the Shanghai Municipal Higher People’s Court, etc. on Cases Involving the Judicial Review of Arbitration Awards Rendered by Arbitration Institutions such as the China International Economic and Trade Arbitration Commission and its Former Sub-commissions
关于对上海市高级人民法院等就涉及中国国际经济贸易仲裁委员会及其原分会等仲裁机构所作仲裁裁决司法审查案件请示问题的批复

SPC clarifies jurisdiction over CIETAC arbitration cases.

Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)
自由贸易试验区外商投资准入特别管理措施(负面清单)

Unified FTZ negative list reduces the number of items to 122 as compared to 139 items on the 2014 Shanghai FTZ negative list.

Announcement on Regulating the Administration of Cost Sharing Agreements
关于规范成本分摊协议管理的公告

Cost sharing agreements need to be filed with the tax authority.

Shanghai Municipality, Implementing Measures for the Mutual Secondment of Lawyers by Chinese and Foreign Law Firms in the China (Shanghai) Pilot Free Trade Zone to Serve as Legal Counsel
上海市中国(上海)自由贸易试验区中外律师事务所互派律师担任法律顾问的实施办法

Mutual secondment of lawyers by Chinese and foreign law firms allowed in the Shanghai free trade zone.

Circular on Regulating the Copyright Order in Reprinting Online
关于规范网络转载版权秩序的通知

Internet media need to seek reprint permission.

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Law Digests


Bill for Amendments to the PRC Law on Commercial Banks (Draft)
中华人民共和国商业银行法修正案 (草案)

Legislative Affairs Office of the State Council, PRC Environmental Protection Tax Law (Draft for Comments)
国务院法制办公室中华人民共和国环境保护税法 (征求意见稿)

State Administration of Taxation, Measures for the Administration of Tax Reductions and Exemptions
国家税务总局税收减免管理办法

Tax relief procedures simplified.

Ministry of Finance, General Administration of Customs and State Administration of Taxation, Circular Concerning the Import Tax and Duty Policy of the China (Guangdong) Pilot Free Trade Zone
财政部、海关总署、国家税务总局关于中国(广东)自由贸易试验区有关进口税收政策的通知

Customs duties reduced in Guangdong FTZ.

Ministry of Finance, General Administration of Customs and State Administration of Taxation, Circular Concerning the Import Tax and Duty Policy of the China (Tianjin) Pilot Free Trade Zone
财政部、海关总署、国家税务总局关于中国(天津)自由贸易试验区有关进口税收政策的通知

Customs duties reduced in Tianjin FTZ.