Government

2010 – The year ahead
As the world meets in Copenhagen, CLP takes its annual look at the issues likely to grab headlines in the year to come, and finds that the future for China is green. In support of a shifting focus to sustainable development, the country’s next five-year plan is likely to emphasise cleantech, low-carbon schemes and renewable energy

Environment and clean technology: The east is green
China’s top leadership is now working on the country’s next five-year plan, and it looks likely to be a green one

Anti-monopoly: Agencies walk a fine line
The PRC Anti-monopoly Law has spawned a vast amount of analysis, debate and hand-wringing among lawyers, academics and businesses worldwide. But, where is China’s competition law framework heading in 2010?

New challenges in the pursuit of tax treaty benefits
A new tax circular addresses the issue of the definition of a beneficial owner under tax treaties, and puts a new burden on taxpayers. But many issues are left unclarified

The state-owned assets law is an imperfect guardian
A newly-published law is a significant step towards better regulation of operational and finance state assets, but implementation is likely to raise accountability, administrative and judicial issues. Further legislation is essential

Chinese regulation is too complicated

IPOs fail to stop China sliding in financial development rankings

Tengzhong/Hummer: will they or won’t they?

Australia’s investment regime for foreign governments and their agencies

It's good to talk, says Mofcom
The Anti-monopoly Bureau of the Ministry of Commerce is the most visible of China’s antitrust enforcement agencies, and it wants to talk. In an exclusive interview with China Law & Practice, Phil Taylor finds out what Mofcom wants from foreign companies

Chinese companies invest outside their comfort zone
Chinese businesses are showing an increasing appetite for offshore assets; but no opportunity comes without risk, and there are many dangers overseas

On the receiving end of Chinese outbound investment
Chinese private companies and state-owned enterprises are on the lookout for assets and may provide hope for distressed companies overseas. Target companies should do all they can to help

Tax policy may force foreign companies to choose local employment contracts
A new tax policy may force multinational companies to choose between taking a heavy tax hit and giving expat workers local employment contracts

Making sense of the PRC Anti-monopoly Law
Thirteen months after the Anti-monopoly Law came into effect, there is still uncertainty in the market. Companies are worried that some common practices may fall foul of the law, and the role of the enforcement agencies is not well defined. Seeking clarity, China Law & Practice spoke with Jun He Law Offices’ antitrust and competition group partners

Interference remains an issue in China mediation

Regulators to watch banks’ M&A activity closely

The danger of flying under China's merger-control radar
Deals blocked by Chinese regulators can make world headlines - think of the plight of Coca-Cola. This has led companies such as Rio Tinto and BHP Billiton to think it may be best to avoid merger review when structuring their deals. This thinking is flawed

National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Supervision, Ministry of Housing and Urban-rural Development, Ministry of Transport, Ministry of Railways, Ministry of Water Resources, Ministry of Commerce and Legislative Affairs Office of the State Council, Opinion on Thoroughly Implementing the Policy Plan for Expanding Domestic Demand to Promote Economic Growth and Further Strengthening the Regulation of Invitation and Submission of Bids for Construction Projects [Legislation Digest]
国家发展改革委员会、工业和信息化部、监察部、住房城建设部、交通运输部、铁道部、水利部、商务部、国务院法制办公室关于贯彻落实扩大内需促进经济增长决策部署进一步加强工程建设招标投标监管工作的意见
Purchase of Chinese products required for government procurement.

Are you ready for an audit or investigation in China?

No business without contracts
Contracts are the bases of all business transactions. Without them, and their trustworthy enforcement, trade would grind to a halt

All change for China healthcare
China is serious about healthcare reform. New top-level guidelines will significantly reduce hospital revenue from medicine sales and promise more orders for medical equipment makers

Cape Town Convention gives hope to China aviation
The Cape Town Convention comes into effect in China on June 1. It will provide a welcome boost to the aviation industry, provided the authorities apply it properly

Shanghai Municipality, Trial Measures for Parallel Examination and Approval [Legislation Digest]
上海市并联审批试行办法
Shanghai to implement parallel examination and approval for connected matters.

Anything but an easy ride for Shanghai
However you define an international financial centre, there are many hurdles ahead for Shanghai

E-commerce and trade regulation-facilitation

Contaminated milk creates new liability regime
China recently suffered its biggest-ever food safety incident, involving Sanlu Dairy. The country’s product liability laws are now undergoing unprecedented change. By Satpal Gobindpuri and Sammy Fang, DLA Piper.

Communicating changes
China has recently taken several significant steps to speed up the development of a more uniform and modern regulatory framework for its telecoms industry. By Damien Bailey, Simmons & Simmons.

Mitsubishi/Lucite deal approved “with conditions”
Lawyers welcome increased transparency

Coca-Cola decision was reasonable
Web-seminar listeners say Mofcom must provide more detailed statements

Round-trip investments key to reversing FDI decline
Mofcom’s delegation circulars have limited effect

Coca-Cola and Huiyuan: Explanation, theory, an attempt to rationalise?

Measures for the transfer of state-owned assets of financial enterprises

Tighter control of SOEs engaging in financial derivatives transactions

A defiant message
China’s rejection of Coca-Cola’s bid for Huiyuan Juice on anti-monopoly grounds stirred debate on protectionism, and raised unwarranted concerns about future M&A activity in the country

PRC Criminal Law Amendment Act (7) [Legislation Digest]
中华人民共和国刑法修正案 (七)
Tougher penalties for insider dealing.

The tasks of Tian
China’s developing IP system faces some big tests in 2009. Janice Qu and Peter Ollier spoke with SIPO commissioner Tian Lipu about patent amendments, the National IP Strategy and the Office’s global role

Handing down authority for foreign investment
Two new sets of guidelines will further streamline the process for approval of foreign investments, but some additional restrictions have been added. By Jonathan Z Zhou, Jessica Xu and Kevin Troy, Fangda Partners.

First local government bonds issued
Xinjiang gets new chance to raise money

Prosecutors’ agency to target financial crimes
More anti-corruption prosecutions also expected

Enterprise classification and trade facilitation programme vital for businesses in China

Real barriers to investment
With China’s real estate market declining, local authorities are taking measures to boost investment. But central government support has been mixed.

WTO-China IPR case: A mixed result
The US has complained to the World Trade Organisation that China’s IP rights protection and enforcement legislation violates international agreements. A WTO panel has presented its report and both sides are claiming victory. By Jan Bohanes and Adrian Emch, Sidley Austin, Geneva and Beijing.

Foreign companies welcome in Shanghai
The Shanghai government has announced a set of incentives to attract more multinational companies to establish their headquarters in the city. By Laura Yuan, King & Wood.

A new year for China M&A
As China faces up to the challenges of a global recession, lawyers are calling for changes to the country’s regulatory regime for mergers and acquisitions. Proper support for acquisition financing and foreign currency conversion will boost the market and encourage investors. More clarification of joint-venture funding and anti-monopoly rules will also help.

Commercial bribery and liability
Regulations in Chinese law cover both commercial bribery and bribery involving state employees. The law sets out criminal and administrative liabilities for business operators, and has some unique characteristics. Counsel should establish clear guidelines to help mitigate the risks of liability. By Alice Peng, Jun He Law Offices.

Shanghai offers financial incentives for multinational HQs
City specifies attractive amounts of funding, low thresholds

China resolves to stop illegal withdrawal of foreign investors
Four central ministries jointly issue guidelines to protect domestic parties

Calls made for further land-use reforms
Perpetual usage rights are essential

Reinforced Comprehensive Constructive Engagement for US-China trade

Employer/Employee relations

Certain consents and approvals on acquisition of voting shares in charter capital of LLPs and JSCs