Property

Foreign Investment Industrial Guidance Catalogue (Amended in 2007) [Full Text Translation]
外商投资产业指导目录 (2007年修订)
The new guidance catalogue has re-defined industries into those that are encouraged, restricted or prohibited for foreign investment.

Latest Regulations Relating to the Provisions on Grant of State-owned Construction Leaseholds
The Provisions further regulates the regime over the increasingly popular construction leasehold granting through bidding, auction or listing.

National Development and Reform Commission and Ministry of Commerce, Foreign Investment Industrial Guidance Catalogue (Amended in 2007) [Legislation Digest]
国家发展和改革委员会、商务部外商投资产业指导目录 (2007年修订)
China closes the gate to mining of important mineral resources by foreign investors but opens the door to investment in futures companies

Ministry of Land and Resources, Provisions for the Granting of State-owned Construction Leaseholds by way of an Invitation of Bids, Auction or Listing on a Land Exchange (Amended) [Legislation Digest]
国土资源部招标拍卖挂牌出让国有建设用地使用权规定 (修订)
Provisions on State-owned construction leaseholds amended to curb developers from stocking up land.

Ministry of Land and Resources, Ministry of Finance and People's Bank of China, Measures for the Administration of Land Reserves [Legislation Digest]
国土资源部、财政部、中国人民银行土地储备管理办法
China establishes land reserve management.

Other Recent Legislation for this Month [Legislation Digest]

Rural Land Rights under the PRC Property Law
This article examines the status of rural property rights and recommends a series of institutional measures including standardizing registration and renewal processes.

LONG TERM IMPACT OF PROPERTY LAW UNCLEAR

Public Grant of Land Use Rights and Mortgage Lending Risks

IP rights in China in an Anti-monopoly Law Era

PRC Law on Administration of Urban Real Property (Revised) [Legislation Digest]
中华人民共和国城市房地产管理法（修正）
Urban real property law revised to keep in line with the PRC Property Law.

Other Recent Legislation for this Month [Legislation Digest]

Changing Legal Requirements and Practices in Real Estate

Foreign Investment in Real Estate in China

LARGEST ANTI-COUNTERFEITING RAID EVER TARGETS FAKE MICROSOFT PRODUCTS

Shanghai Municipality, Circular on Issues Relevant to the Levy and Exemption of Land Value-added Tax on the Transfer of Non-ordinary Residential Premises by Individuals [Legislation Digest]
上海市关于个人转让非普通住房征免土地增值税有关问题的通知
Land value-added tax levied to cool down the property market in Shanghai.

Circular on Further Strengthening and Standardizing the Examination, Approval and Regulation of Direct Investment in Real Property by Foreign Investors [Full Text Translation]
关于进一步加强、规范外商直接投资房地产业审批和监管的通知
Possession of the leasehold or property ownership is required before establishing a foreign-invested real property company.

Restrictions on Foreign Investment in the Real Estate Industry
New rules on foreign investment in real estate will further strengthen administration related to the examination, approval, registration and supervision of foreign direct investment in the industry.

HONG KONG REIT LISTING FOR PRC-ASSET REAL ESTATE TRUST

MAINLAND PROPERTY DEVELOPER LISTS IN LONDON

Ministry of Commerce and State Administration of Foreign Exchange, Circular on Further Strengthening and Standardizing the Examination, Approval and Regulation of Direct Investment in Real Property by Foreign Investors [Legislation Digest]
商务部、国家外汇管理局关于进一步加强、规范外商直接投资房地产业审批和监管的通知
Possession of the leasehold or property ownership is required before establishing a foreign-invested real property company.

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.

China's New Property Law: Practical Issues
The new Law provides a comprehensive framework for the protection of property rights for both foreign and domestic parties. Clarity of title and stability of property rights will be easier to attain.

Relocation of FIEs' Sites in China

Share Pledges in China: Prospects under the New Property Law
The PRC Property Law improves upon the existing vague legal provisions and inconsistent local authority practices regarding share pledges.

Beijing Municipality, Circular on Issues Relevant to the Administration of Levy and Collection of Land Value-added Tax [Legislation Digest]
北京市关于土地增值税征收管理有关问题的通知
Land value-added tax of 1% levied on newly-established premises in Beijing.

Property Markets to Stabilize under New Property Law

Employee Stock Plans for Companies Listing on a Domestic Exchange

PRC Property Law [Full Text Translation]
中华人民共和国物权法
Aimed at maintaining order in the socialist market economy, the Law touched upon rights in rem, different aspects of ownership, usufructuary rights, security rights and possession.

PRC Property Law [Legislation Digest]
中华人民共和国物权法
The landmark new law provides the same protection to private property as that to state-owned property.

Shenzhen City, Implementing Opinion on Arranging the Construction of a Certain Ratio of Policy-type Residential Premises in the Grant of Leaseholds for Commodity Residential Premises in Shenzhen [Legislation Digest]
深圳市关于在我市出让商品住宅用地中安排建设一定比例政策性住房的实施意见
Developers in Shenzhen required to construct a certain ratio of policy-type premises.

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?

US FILES INTELLECTUAL PROPERTY CASE WITH THE WTO

Recent Changes to Regulations on Industrial Land
Industrial land is subject to a new set of regulations in terms of granting procedures, granting prices, urban land use tax and requirements governing the conditions of using industrial land.

Provisions for the Administration of Foreign-invested Construction Project Service Enterprises [Full Text Translation]
外商投资建设工程服务企业管理规定
applicable to Sino-foreign equity joint venture construction project service enterprises, Sino-foreign cooperative joint venture construction project service enterprises, and wholly foreign-owned construction project service enterprises established in China.

Ministry of Construction and Ministry of Commerce, Provisions for the Administration of Foreign-invested Construction Project Service Enterprises [Legislation Digest]
建设部、商务部外商投资建设工程服务企业管理规定
Wholly foreign-owned construction project service enterprises allowed.

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.

Other Recent Legislation for this Month [Legislation Digest]

Several Provisions on Issues Concerning Specific Application of the Law to Trials of Disputes over the Infringement of Rights in New Varieties of Plants [Full Text Translation]
关于审理侵犯植物新品种权纠纷案件具体应用法律问题的若干规定
This interpretation sets out who is entitled to sue in court when a right in the new variety of plant has been infringed, what constitutes an infringement, how specialized issues are resolved, and what remedies are available.

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.

State Council, Decision on the Amendment of the «PRC Tentative Regulations on Urban and Rural Land Use Tax» [Legislation Digest]
国务院关于修改《中华人民共和国城镇土地使用税暂行条例》的决定
Foreign enterprises, among others, must pay the appropriate amount of land use tax.

Supreme People's Court, Several Provisions on Issues Concerning Specific Application of the Law to Trials of Disputes over the Infringement of Rights in New Varieties of Plants [Legislation Digest]
最高人民法院关于审理侵犯植物新品种权纠纷案件具体应用法律问题的若干规定
Increased protection of intellectual property is given to developers of new plant varieties.

Private property rights finally codified

Bank Loan Frauds in the Real Estate Development Industry

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

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.

State Administration of Taxation, Circular on Issues Relevant to the Administration of the Settlement of Land Value-added Tax on Real Property Developers [Legislation Digest]
国家税务总局关于房地产开发企业土地增值税清算管理有关问题的通知
The Circular changes the practice of pre-levying land value-added tax to settlement of the land tax after the project is complete.

Other Recent Legislation for this Month [Legislation Digest]