Government

Supreme People's Court and Supreme People's Procuratorate, Supplementary Provisions (3) for the Implementation of the «PRC Criminal Law» in Respect of Determination of Charges [Legislation Digest]
最高人民法院、最高人民检察院关于执行《中华人民共和国刑法》确定罪名的补充规定（三）
Charges redefined to cope with new types of crimes.

CHINESE COMPANIES CONTINUE TO FACE TRADE DIFFICULTIES

China's Revised Lawyer's Law: Practical Benefits for a Strengthened Legal Profession
The Lawyer's Law is expected to make a major contribution to strengthening the independence of China's legal profession, and help enhance the quality and diversity of legal services available in China.

Ministry of Health, Measures for the Administration of Novel Foods [Legislation Digest]
卫生部新资源食品管理办法
Genetically modified food requires safety assessment before placing on the market.

New Rules on the Choice of Law for Foreign-related Contracts
Parties to foreign-related contracts have been free to choose which country's law govern their contracts - except where PRC law is mandatory. The new Provisions provide better guidance on deciding the governing law of the contract.

Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes [Full Text Translation]
关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定
This Provisions aims to further clarify the issue on the conflict of laws for foreign-related civil and commercial contract disputes and recognizes the parties' expressed choice of laws.

China's Bilateral Investment Treaties with EU Member States: Gaining a Competitive Advantage Through Investment Protection
The article explores available options to extend the full protection under the 'new generation' of bilateral investment treaties to otherwise unprotected investors.

Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes [Legislation Digest]
最高人民法院关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定
Application of foreign laws excluded from five more types of contracts.

HAZARDOUS TOYS, FOOD THREATEN US-CHINA TRADE

Supreme People's Court and Supreme People's Procuratorate, Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Receiving Bribes [Legislation Digest]
最高人民法院、最高人民检察院关于办理受贿刑事案件适用法律若干问题的意见
Ten new types of bribe-taking by state personnel defined.

Other Recent Legislation for this Month [Legislation Digest]

EMPLOYMENT LAW PROMPTS FOREIGN COMPANIES TO CLEAN HOUSE

PRC Employment Contract Law [Full Text Translation]
中华人民共和国劳动合同法
Requiring that employers conclude written employment contracts with all full-time employees within 30 days of their start date, the law provides basic requirements for the establishment, implementation, amendment and termination of these contracts.

Supreme People's Court, Several Provisions on the Trial of Cases Involving Civil Tort Compensation in Connection with Audit Activities by Accounting Firms [Legislation Digest]
最高人民法院关于审理涉及会计师事务所在审计业务活动中民事侵权赔偿案件的若干规定
Accounting firms face stringent tort liability when conducting audits.

JUDICIARY TARGETS BRIBERY WITH STRONG WARNINGS

Finance Leasing with Chinese Characteristics
The China Bank Regulatory Commission is reviewing applications by five commercial banks to establish finance leasing companies. How will this new business vehicle impact the Chinese finance leasing landscape?

AMENDMENT CONSIDERED TO THE LAW ON LAWYERS

PRC Employment Contract Law [Legislation Digest]
中华人民共和国劳动合同法
New employment contract law imposes greater requirements on employers.

Other Recent Legislation for this Month [Legislation Digest]

Anti-counterfeiting: The Law Now, in 2010 and Beyond
How China is tackling her greatest challenges in IP rights protection: enforceability, the question of who is liable for infringements and local protectionism.

Relocation of FIEs' Sites in China

State Administration for Industry and Commerce and General Administration of Press and Publication, Circular on Strengthening the Regulation of Printed Advertisements with Fixed Forms [Legislation Digest]
国家工商行政管理总局、新闻出版总署关于加强固定形式印刷品广告监督管理工作的通知
News reports and public criticism not allowed in mass mail.

State Administration for Industry and Commerce, Circular on Further Regulating Acts in Connection with Print Advertising with Fixed Forms and the Release of Such Advertisements [Legislation Digest]
国家工商行政管理总局关于进一步规范固定形式印刷品广告经营发布行为的通知
SAIC conducts an inspection on mass mail.

US$10 Million Grant for China Law Center at Yale
The William and Flora Hewlett Foundation, one of the largest foundations in the United States, has announced its donation to support The China Law Center of Yale Law School for five years.

China Securities Regulatory Commission, Implementing Measures for Restricting Securities Transactions [Legislation Digest]
中国证券监督管理委员会限制证券买卖实施办法
Restricting securities transactions as a means of trading regulation.

Beijing Municipality, Several Provisions on the Setting and Use of Reserve Prices in Invitation of Bids for Works of Construction Projects [Legislation Digest]
北京市工程建设项目施工招标标底编制和使用的若干规定
More specific requirements on the reserve price to control bribery in construction project bidding in Beijing.

Other Recent Legislation for this Month [Legislation Digest]

China's Legal Services Market: Survival of the Fittest
Chinese law firms and foreign law firms play different roles in the legal service market in China. Who is taking the lead and where do these firms fit into the big picture?

New Regulations for Law Firms' Securities Practice: Loosening Access, Strengthening Accountability
New Measures favours giving regulatory authorities greater powers of discretion in validating legal opinions. The article analyzes the new rules, and how securities lawyers can ensure compliance.

Measures for the Administration of the Provision of Securities-related Legal Services by Law Firms [Full Text Translation]
律师事务所从事证券法律业务管理办法
This law aims to strengthen the regulation of securities-related legal services by law firms, to maintain order in the securities market, and to protect the interests of investors.

Stockholders Challenge Tech Companies on Censorship

Prominent Environmental Advocate Arrested By Local Officials

China Securities Regulatory Commission and Ministry of Justice, Measures for the Administration of the Provision of Securities-related Legal Services by Law Firms [Legislation Digest]
中国证券监督管理委员会、司法部律师事务所从事证券法律业务管理办法
Requirements for securities-related legal opinions detailed.

Hong Kong'S ICAC Makes Bribery Arrests

Circular on Issues Relevant to the Interpretation and Implementation of Relevant Articles of the «Arrangement Between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income» [Full Text Translation]
关于《内地和香港特别行政区关于对所得避免双重征税和防止偷漏税的安排》有关条文解释和执行问题的通知
This circular implements the .

State Council, PRC Regulations for the Disclosure of Government Information [Legislation Digest]
国务院中华人民共和国政府信息公开条例
Disclosure of specific government information made more transparent.

State Administration of Taxation, Circular on Issues Relevant to the Interpretation and Implementation of Relevant Articles of the «Arrangement Between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income» [Legislation Digest]
关于《内地和香港特别行政区关于对所得避免双重征税和防止偷漏税的安排》有关条文解释和执行问题的通知
Avoidance of double taxation issues between Hong Kong and the mainland clarified.

Ministry of Commerce, Circular on Issues Relevant to Strengthening the Administration of Processing Trade [Legislation Digest]
商务部关于加强加工贸易管理有关问题的通知
Environmental protection, energy consumption, employee treatment and equipment quality included in the criteria for engaging in processing trade.

Other Recent Legislation for this Month [Legislation Digest]

China Tightens its Environmental Law Control over New Investment Projects
How environmental law is applied in China, and how stepped-up enforcement of existing legislation is ensuring compliance with the State Environmental Protection Agency's objectives?

CHINA TO TAKE PART IN POST-KYOTO CLIMATE TALKS

HUMAN RIGHTS GROUP SUES YAHOO

Preventative Measures Against Commercial Bribery and Corruption

US FILES INTELLECTUAL PROPERTY CASE WITH THE WTO

China Banking Regulatory Commission, Report on Opening up China's Banking Industry to Foreign Investment [Legislation Digest]
中国银监会中国银行业对外开放报告
Foreign banks are encouraged to set up banks with legal personality.

Ministry of Health, Circular on Amending Article 4 of the «Measures for Classified Administration of Occupational Diseases and Hazards in Connection with Construction Projects» [Legislation Digest]
卫生部关于修订《建设项目职业病危害分类管理办法》第四条规定的通知
Only construction projects of a significant investment amount are now subject to health scrutiny by the Ministry of Health.

General Office of Ministry of Commerce, Guiding Opinion on Attracting Foreign Investment Nationwide in 2007 [Legislation Digest]
商务部办公厅关于2007年全国吸收外商投资工作指导性意见
Foreign investment in real property restricted in 2007.

Shenzhen Stock Exchange, Members Administration Rules [Legislation Digest]
深圳证券交易所会员管理规则
Shenzhen Stock Exchange still allows memebers to purchase seats from it.

Shanghai Stock Exchange, Guidelines on the System for Management of Information Disclosure Affairs of Listed Companies [Legislation Digest]
上海证券交易所上市公司信息披露事务管理制度指引
Controlling and large shareholders required to disclose material information once known.

Shanghai Stock Exchange, Members Administration Rules [Legislation Digest]
上海证券交易所会员管理规则
Shanghai Stock Exchange no longer approves new seats.

Other Recent Legislation for this Month [Legislation Digest]

Commercial Bribery: What are the Boundaries?

State Council, Regulations on Employment of the Disabled [Legislation Digest]
国务院残疾人就业条例
Employers required to employ a certain ratio of disabled persons.

Ministry of Communications, Circular on the Launch of Pilot Work of General Contracting for Design and Construction Work of Highway Projects [Legislation Digest]
交通部关于开展公路工程项目设计施工总承包试点工作的通知
Bidding for the design and construction work of highway projects will be combined.

Ministry of Land and Resources, Tentative Measures for the Administration of Foreign Organizations or Individuals that Conduct Surveying and Mapping in China [Legislation Digest]
国土资源部外国的组织或者个人来华测绘管理暂行办法
Foreigners looking to conduct surveying and mapping in China must obtain consent from the authorities beforehand.

Ministry of Finance, General Provisions on Enterprise Finance (Revised) [Legislation Digest]
财政部企业财务通则 (修正)
After more than 10 years, the provisions on enterprise finance have been revised.

Ministry of Finance, Financial Rules for Financial Enterprises [Legislation Digest]
财政部金融企业财务规则
Financial rules for financial enterprises have been updated.

Private property rights finally codified

Corruption down in Hong Kong, still a problem in China

Prosecutors to target bribery in 2007

NPC leader warns Hong Kong to focus on economy

High court to order provinces to retry death sentences

Congress urged to amend environmental law

Other Recent Legislation for this Month [Legislation Digest]

CIETAC Arbitration Clauses: Tips and Pitfalls
Howard Yinghao Yang suggests how practitioners can structure arbitration clauses under the new rules and interpretations to ensure enforcement of awards both domestically and internationally.

China Law&Practice: Charting China's Legislation for 20 Years
An overview of the biggest legislative developments over the past two decades and the key issues affecting law firms in China today.

Supreme People's Court Changes its Position on Copyright Law

NEW INTERPRETATION ON UNFAIR COMPETITION LAW

PRC Banking Regulation Law (Revised) [Legislation Digest]
中华人民共和国银行业监督管理法 (修正)
Banking regulatory authorities given more power.

The Battle for Intellectual Property in the Semiconductor Business
Many Chinese semiconductor producers lack IP portfolios rendering them increasingly vulnerable to infringement claims by their foreign rivals. The IP war has begun.

NEW TAX LAW EXPECTED IN MARCH

POSTAL REFORM FINALLY COMES TO CHINA

Ministry of Justice, Measures for the Administration of Association between Law Firms of the Hong Kong and Macao Special Administrative Regions and Mainland Law Firms (2nd Revision) [Legislation Digest]
司法部香港特别行政区和澳门特别行政区律师事务所与内地律师事务所联营管理办法 (第二次修正)
The requirement on the number of full-time lawyers employed by Mainland law firms that operate in association with Hong Kong or Macao law firms is waived.

Ministry of Justice, Measures for the Administration of Mainland Representative Offices of Law Firms from Hong Kong and Macao Special Administrative Regions (2nd Revision) [Legislation Digest]
司法部香港、澳门特别行政区律师事务所驻内地代表机构管理办法 (第二次修正)
Residency requirement for representatives of Hong Kong and Macao law firm representative offices lifted.

Ministry of Justice, Measures for the Administration of Engagement in Legal Practice in the Mainland by Residents of the Hong Kong and Macao Special Administrative Regions who have Acquired Mainland Legal Professional Qualifications (2nd Revision) [Legislation Digest]
司法部取得内地法律职业资格的香港特别行政区和澳门特别行政区居民在内地从事律师职业管理办法 (第二次修正)
Hong Kong and Macao lawyers allowed to engage in certain contentious cases in mainland China.