Full Text Translations

Circular on Issues Relevant to Delegation of the Examination and Approval Authority over Foreign Investments to Lower Levels [Full Text Translation]
关于下放外商投资审批权限有关问题的通知
Mofcom delegates approval power over foreign-invested holding companies and venture capital companies to lower-level authorities.

Measures for the Administration of the Equity of Insurance Companies [Full Text Translation]
保险公司股权管理办法
The CIRC may release a major shareholder from the restriction on shareholding percentage if it satisfies certain provisions.

Tentative Measures for the Graded Regulation of Establishments of Insurance Companies [Full Text Translation]
保险公司分支机构分类监管暂行办法
The Measures classify establishments of insurance companies into four grades based on the companies’ risk positions and impose regulatory measures accordingly.

Measures for the Administration of the Information Disclosure of Insurance Companies [Full Text Translation]
保险公司信息披露管理办法
The Measures specify the information that an insurance company is required to disclose as well as the method and time of disclosure.

Provisions for the Regulation of Food Additive Production [Full Text Translation]
食品添加剂生产监督管理规定
The Provisions set forth the application procedure for a food additive production permit, require the keeping of production management records and specify the particulars to be listed on the label and instructions for use.

Measures for Administration of the Levy of Income Tax on Non-tax-resident Enterprises by Assessment [Full Text Translation]
非居民企业所得税核定征收管理办法
The Measures state that assessment of taxable income of non-tax-resident enterprises shall be based on total revenue, costs and expenses, or revenue converted from operational expenditures.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2009) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 （2009） （摘要）
The Report selects 37 intellectual property cases on which the Supreme People’s Court has rendered final conclusive opinions addressing issues such as the application of the doctrine of estoppel, retroactive effect of a decision declaring a patent invalid and determination of the legitimate use of a descriptive trademark.

Opinion on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights [Full Text Translation]
关于审理商标授权确权行政案件若干问题的意见
The Opinions address trademark issues involved in trial cases concerning pirate registration, similar marks and goods, generic names and prior rights.

PRC Tort Liability Law [Full Text Translation]
中华人民共和国侵权责任法
The Law deals with tort liability relating to products, motor vehicle traffic accidents, medical treatment, environmental pollution, high risk operations, kept animals and things.

Circular on Measures for Reviewing the Qualifications of Foreign-invested Research and Development Centres for Tax Exemptions/Refunds on Procured Equipment [Full Text Translation]
关于外资研发中心采购设备免/退税资格审核办法的通知
The Circular clarifies matters relating to the exemption of import taxes on articles imported by foreign-invested research and development centres for scientific and technological development purposes and the refund in full of the value-added tax on Chinese-made equipment procured by them.

Measures for the Administration of Insurance Group Companies (Trial Implementation) [Full Text Translation]
保险集团公司管理办法 （试行）
The Measures set forth provisions on the establishment, scope of business, corporate governance, capital management, information disclosure and oversight in connection with insurance group companies.

Tentative Measures for the Tax Administration of Resident Representative Offices of Foreign Enterprises [Full Text Translation]
外国企业常驻代表机构税收管理暂行办法
If a Representative Office has unsound account books, fails to accurately account for its revenues or costs and expenses, or fails to make accurate filings, the tax authority shall have the authority to determine its taxable income.

Tentative Measures for the Administration of Financing Security Companies [Full Text Translation]
融资性担保公司管理暂行办法
The Measures specify the criteria for establishing a financing security company. The minimum registered capital may not be less than Rmb5 million.

Provisions for the Administration of the Registration of Foreign-invested Partnerships [Full Text Translation]
外商投资合伙企业登记管理规定
The Provisions set forth the procedures and requirements for registration of establishment, amendment of registration and de-registration of foreign-invested partnerships.

Circular on Issues Concerning the Implementation of Relevant Articles of Tax Agreements [Full Text Translation]
关于税收协定有关条款执行问题的通知
The Circular states that the technical service activities relating to the transfer of use rights to proprietary technology shall be deemed as part of the transferred technology.

Circular on Matters Relevant to the Investment in Unsecured Enterprise Bonds by Insurance Institutions [Full Text Translation]
关于保险机构投资无担保企业债券有关事宜的通知
Investment of insurance proceeds in unsecured bonds restricted.

Official Reply on the Issue of the Handling of Preferential Income Tax Treatment of Foreign-invested Enterprises that Have Been Shut Down by the Government [Full Text Translation]
关于政府关停外商投资企业所得税优惠政策处理问题的批复
Liquidated FIEs should pay back preferential income tax.

Implementing Rules for the PRC Patent Law (2nd Revision) [Full Text Translation]
中华人民共和国专利法实施细则 (第二次修订)
The Rules clarify terms and phrases of the PRC Patent Law, such as "genetic resource" and "patented pharmaceutical".

Measures for the Administration of Pilot Projects for the Investment by Commercial Banks in the Equity of Insurance Companies [Full Text Translation]
商业银行投资保险公司股权试点管理办法
The Measures set forth the criteria for a commercial bank to take an equity interest in an insurance company and specify the requirements on different aspects of risk management.

*Web-only Translation: PRC Copyright Law (2nd Revision) [Full Text Translation]
中华人民共和国著作权法 (第二次修正)
The Law is revised to emphasize China's regulation of publication works and reinforce the registration of pledge of copyright.

Measures for the Administration of the Establishment of Partnerships in China by Foreign Enterprises or Individuals [Full Text Translation]
外国企业或者个人在中国境内设立合伙企业管理办法
The Measures allow the establishment of a partnership in China by two or more foreign enterprises or individuals, or the establishment of a partnership in China by a foreign enterprise or individual with a Chinese natural person, legal person or other organisation.

Shanghai Municipality, Trial Measures for the Examination, Approval and Registration of Debt-for-equity Swaps of Foreign-invested Enterprises [Full Text Translation]
上海市外商投资企业债权转股权审批登记试行办法
Shanghai allows debt-for-equity swaps by foreign-invested enterprises, which require the unanimous consent of all the shareholders of the investee enterprises.

Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes [Full Text Translation]
关于审理侵犯专利权纠纷案件应用法律若干问题的解释
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.

Measures for the Review for Concentrations of Business Operators [Full Text Translation]
经营者集中审查办法
With a view to eliminating or reducing the effect of eliminating or restricting competition that the concentration of business operators has or could have, restrictive conditions may be imposed on a concentration transaction.

Measures for the Reporting of Concentrations of Business Operators [Full Text Translation]
经营者集中申报办法
Calculation of the business turnover of a business operator in a concentration clarified.

Circular on Strengthening the Administration of Enterprise Income Tax on Income Derived from the Transfer of Equity of Non-tax-resident Enterprises [Full Text Translation]
关于加强非居民企业股权转让所得企业所得税管理的通知
The Circular aims to prevent tax evasion by non-tax-resident enterprises through transfer of equity.

Beijing Municipality, Tentative Measures for the Establishment of Foreign-invested Equity Investment Fund Management Enterprises in Beijing [Full Text Translation]
北京市在京设立外商投资股权投资基金管理企业暂行办法
The registered capital of a foreign-invested equity investment fund management enterprise shall not be less than US$2 million.