May 2008
Confidence in Ma but Urgent Attention to the Economy Needed: Lawyers
The election of Ma Ying-jeou as Taiwanese president is good news for Taiwan but lawyers agree economic reforms and direct flights to the PRC are two issues that need urgent attention. China Law & Practice invited six lawyers from Taiwan’s leading law firms to discuss the implications of Ma Ying-jeou’s election victory.
People’s Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission, Several Opinions on Accelerating the Development of the Service Industry with Support from the Financial Sector
中国人民银行、中国银行业监督管理委员会、中国证券监督管理委员会、中国保险监督管理委员会关于金融支持服务业加快发展的若干意见
Enterprise groups in the service industry given priority to establish finance companies.
2008: A PROFITABLE YEAR FOR US AND UK LAW FIRMS IN CHINA
Allen & Overy breaks the 500 barrier for partners
Grandall strengthens international practice expertise
Law firm boosts connections into Asia
White & Case expands finance practice in Asia
Customs Measures Move With the Times
The General Administration of Customs of the People’s Republic of China recently released its Decision on Amending the PRC Customs Measures for the Supervision of Processing Trade Goods (Decision), which has been in effect since 2004. The new measure was announced on 14 January 2008 and took effect since 1 March 2008. This development heralds the end of a long process of outward processing trade reform that will see the upgrade of China’s processing trade.
Contracts, Disputes, and New Jobs: An Overview of China’s New Labour Laws
The beginning of this year saw the introduction of a series of laws that have an immense effect on the labour market in the PRC. Many of their provisions have been expected and prepared for, while other areas of employment law remain unclear for many employers operating in the PRC. Therefore, knowledge of their content is essential for every market player with the need for hiring workers within the country.
“Look alike” is not acceptable: case review on a recent judgment by the Supreme Court
State Administration of Foreign Exchange and State Administration of Taxation, Circular on Issues Relevant to the Trial Implementation of Tax Filing for Outbound Payments of Trade in Services
国家外汇管理局、国家税务总局关于试行服务贸易对外支付税务备案有关问题的通知
Advance tax filing for the service industry implemented in six places for trial.
State Administration of Taxation, Circular on Issues Relevant to the Administration of Tax Collection Concerning Outbound Payments of Trade in Services
国家税务总局关于服务贸易对外支付税收征管有关问题的通知
Procedures for advance tax filing for the service industry clarified.
State Administration of Taxation, Supplementary Circular on Issues Relevant to the Administration of Tax Collection Concerning Outbound Payments of Trade in Services
国家税务总局关于服务贸易对外支付税收征管有关问题的补充通知
International maritime transport not included in trial advance tax filing.
April 2008
Credit Tightening Shifts Investors’ Decisions in Real Estate
General Office of the State Council, Implementing Opinion on Several Policy Measures for Accelerating the Development of the Service Industry
国务院办公厅关于加快发展服务业若干政策措施的实施意见
The minimum registered capital of the service industry lowered.
Law firms acted as sponsors of the Chinese national championship
Latham & Watkins admits seven new partners
M&A specialist joins White & Case
From Melbourne to Beijing for Mallesons partner
Hong Kong move for Allen & Overy
March 2008
PRC Civil Procedure Law (Revised)
中华人民共和国民事诉讼法 (修正)
The revised Law sets forth more circumstances under which a people's court may approve an application to retry a civil case.
PRC Civil Procedure Law (Revised)
中华人民共和国民事诉讼法 (修正)
Criteria for retrial of civil cases revised.
Ministry of Finance, Measures for the Administration of the Priority Purchase and Order of Self-initiated Innovative Products by the Government
财政部自主创新产品政府首购和订购管理办法
Product innovation encouraged by means of government procurement.
Ministry of Finance, Measures for the Administration of Government Procurement of Imports
财政部政府采购进口产品管理办法
Government purchase of imports gives priority to technology transfer.
PRC Civil Procedure Law Revised
In the past 16 years, the PRC Civil Procedure Law has played an important role in safeguarding the civil rights and interests of the parties and regulating the conduct of the other relevant participants in litigation. However, with the rapid development of China’s economy and the increasingly complex and elaborate Chinese legal system, more and more civil and commercial disputes have arisen in recent years and aggrieved parties are more willing than ever to resort to court to resolve their disputes. This has created the need for a revised version of the legislation with more specific guidance and rules, especially regarding retrial and enforcement procedures.
Amendments to the Law on Lawyers: Ethical Standards Raised, but Not Yet to International Standards
China’s new Law on Lawyers addresses fundamental rights for lawyers. This month, Joanna Law spoke with some of China’s top lawyers who shared their views on the amendments and discussed what further changes would be beneficial to the profession.
February 2008
Shanghai Municipality, Trial Measures on Basic Medical Insurance for Urban Residents
上海市城镇居民基本医疗保险试行办法
Shanghai introduces basic medical insurance for urban residents.
Ministry of Health and Ministry of Commerce, Supplementary Provisions for the (Tentative Measures for the Administration of Sino-foreign Equity and Cooperative Joint Medical Institutions)
卫生部、商务部《中外合资、合作医疗机构管理暂行办法》的补充规定
Threshold for Hong Kong and Macao investment in mainland medical institutions lowered.