Full Text Translations

Circular on Continuing Implementation of the Tax Policy for the Procurement of Equipment by Research and Development Institutions [Full Text Translation]
关于继续执行研发机构采购设备税收政策的通知
Tax policy continued to encourage foreign-invested R&D institutions.

Measures for the Administration of the Capital Guarantee Funds of Insurance Companies [Full Text Translation]
保险公司资本保证金管理办法
The Measures require insurance companies to deposit capital guarantee funds in more than one bank.

PRC Tentative Regulations on Resource Tax (Revised) [Full Text Translation]
中华人民共和国资源税暂行条例 (修订)
The revised Regulations use ad valorem method for calculation of resource tax for crude oil and natural gas.

Provisions for the Classification of Types of Enterprise Registration (Revised) [Full Text Translation]
关于划分企业登记注册类型的规定 (修订)
The Provisions revise the classification of enterprise registration to incorporate foreign partnerships.

Tentative Measures for the Administration of Overseas State-owned Assets and Equity of Enterprises Directly under the Central Government [Full Text Translation]
中央企业境外国有产权管理暂行办法
Overseas state-owned assets and equity shall be held by an enterprise directly under the central government or a subsidiary thereof.

Implementing Rules for the PRC Tentative Regulations on Value-added Tax (2nd Revision) [Full Text Translation]
中华人民共和国增值税暂行条例实施细则 (第二次修正)
The revised Rules raise the thresholds for the levy of value-added tax.

Measures for the Administration of the Registration of Debt-for-equity Swaps of Companies [Full Text Translation]
公司债权转股权登记管理办法
A debt-for-equity swap shall be subject to a capital verification by a lawfully-established capital verification institution.

Implementing Rules for the PRC Tentative Regulations on Business Tax (2nd Revision) [Full Text Translation]
中华人民共和国营业税暂行条例实施细则 (第二次修正)
The revised Rules raise the thresholds for the levy of business tax.

Tentative Measures for Administration of the Transfer of Insurance Business by Insurance Companies [Full Text Translation]
保险公司保险业务转让管理暂行办法
The Measures set forth the conditions for a transferee of insurance business and the procedure for such transfer.

Circular on Strengthening the Examination, Approval and Administration of Wholly Foreign-owned Shipping Companies [Full Text Translation]
关于加强外商独资船务公司审批管理工作的通知
The Circular liberalises the market entry conditions for, and scope of business of, wholly foreign-owned shipping companies.

Measures for the Administration of Renminbi Settlement Matters Relating to Foreign Direct Investment [Full Text Translation]
外商直接投资人民币结算业务管理办法
These Measures govern the handling of renminbi settlement matters relating to foreign direct investment by banks.

Circular on Issues Relevant to Cross-border Direct Investment in Renminbi [Full Text Translation]
关于跨境人民币直接投资有关问题的通知
The Circular lists the circumstances under which cross-border direct investments in renminbi shall be submitted to the Ministry of Commerce for review.

Measures for the Administration of Certification Institutions [Full Text Translation]
认证机构管理办法
The Measures set out the conditions for establishment of certification institutions by foreign investors, the examination and approval procedures thereof and the code of conduct of certification institutions.

Provisions on Several Issues Concerning the Application of the «PRC Enterprise Bankruptcy Law» (1) [Full Text Translation]
关于适用《中华人民共和国企业破产法》若干问题的规定 (一)
The Provisions clarify the issues concerning the determination of reasons for bankruptcy to facilitate the implementation of the PRC Enterprise Bankruptcy Law.

Tentative Measures for the Enrolment in Social Insurance by Foreign Nationals Employed in China [Full Text Translation]
在中国境内就业的外国人参加社会保险暂行办法
The Measures require foreign employees in China to be enrolled in social insurance. Arrangement is also laid down when a foreign employee departs from China before he/she reaches the specified age at which he/she can withdraw his/her pension.

Provisions for the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors [Full Text Translation]
实施外国投资者并购境内企业安全审查制度的规定
The Provisions are basically a revision of the Tentative Provisions on Matters Relevant to the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors.

Tentative Provisions for the Assessment of Competitive Effects of Concentrations of Business Operators [Full Text Translation]
关于评估经营者集中竞争影响的暂行规定
The Provisions list the factors that shall be considered based on the specifics and particularities of each individual case during reviews of concentrations of business operators.

Regulations for Work-related Injury Insurance (Revised) [Full Text Translation]
工伤保险条例 (修订)
The revised Regulations expand the scope of applicability of work-related injury insurance and simplify the procedures for recognition of work-related injuries.

Measures for the Administration of the Leverage Ratio of Commercial Banks [Full Text Translation]
商业银行杠杆率管理办法
These Measures shall apply to commercial banks established in the PRC, including wholly Chinese-owned banks, wholly foreign-owned banks and Sino-foreign joint venture banks.

Measures for the Record Filing of Patent Licensing Contracts [Full Text Translation]
专利实施许可合同备案办法
Parties shall carry out record filing procedures within three months from the date on which their patent licensing contract entered into effect.

Circular on the Operating Guidelines for Issues Relevant to Requests for Confirmation of Capital Verification Required in the Re-investment of Foreign-invested Companies with an Investment Nature [Full Text Translation]
外商投资性公司再投资所涉验资询证有关问题操作指引的通知
After the foreign-invested company with an investment nature has converted the lawful income derived in China into an increment in registered capital, it may re-invest the same in an enterprise in China.

Measures for the Administration of the Sale of Securities Investment Funds (Revised) [Full Text Translation]
证券投资基金销售管理办法 (修订)
Commercial banks (including foreign-funded banks with legal personality in China), securities companies, securities investment consulting firms, independent Fund sales institutions and other institutions specified by the CSRC may apply to the CSRC for Fund sales business qualifications.

PRC Individual Income Tax Law (6th Revision) [Full Text Translation]
中华人民共和国个人所得税法 (第六次修正)
The new Law raises individual income tax threshold to Rmb3,500.

Circular on Launching Pilot Variable Annuity Projects [Full Text Translation]
关于开展变额年金保险试点的通知
Pilot variable annuity projects launched in Beijing, Shanghai, Guangdong, Shenzhen and Xiamen.

Rules for the Practice of Securities Law by Law Firms (Trial Implementation) [Full Text Translation]
律师事务所证券法律业务执业规则 (试行)
These Rules govern practice activities such as review and verification, preparation and issuance of legal opinions, etc. when law firms and their assigned lawyers provide securities-related legal services.

Rules for the Practice of Securities Investment Fund Law by Law Firms (Trial Implementation) [Full Text Translation]
律师事务所证券投资基金法律业务执业细则 (试行)
The Rules specify the details a lawyer is required to review and verify in cases such as when a securities investment fund management company is to be established, when a change in the shareholders of a securities investment fund management company occurs and when a securities investment fund is to be offered.

Tentative Measures for the Administration of Variable Annuities [Full Text Translation]
变额年金保险管理暂行办法
The Measures detail the two management models of variable annuities and set forth requirements in respect of allocations to the liability reserve and information disclosure.

Fujian Province, Implementing Measures for the Work Associated with the Pilot Projects for the Establishment of Representative Offices in Fuzhou and Xiamen by Law Firms from Taiwan [Full Text Translation]
福建省台湾地区律师事务所在福州厦门设立代表机构试点工作实施办法
The Measures set forth the conditions that a law firm from Taiwan shall fulfil when applying to establish a representative office and second representatives in Fuzhou or Xiamen.

Guidelines for the Participation in Stock Index Futures Trading by Qualified Foreign Institutional Investors [Full Text Translation]
合格境外机构投资者参与股指期货交易指引
Qualified foreign institutional investors allowed to trade stock index futures for hedging purposes.

Announcement on Several Issues Concerning the Administration of Income Tax on Non-tax-resident Enterprises [Full Text Translation]
关于非居民企业所得税管理若干问题的公告
The Announcement clarifies six income tax issues of non-tax-resident enterprise including: issue of withholding enterprise income tax on payable but unpaid income and issue of levy of tax on income derived from the assignment of land use rights.

Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

Guidelines for Regulation of the Bancassurance Business of Commercial Banks [Full Text Translation]
商业银行代理保险业务监管指引
The Guidelines detail the operating rules for bancassurance business concerning the insurance products, agency fees, sales model, sales, financial accounting, contingency mechanism and intra-industry exchanges.

Provisions for the Administration of the Publications Market [Full Text Translation]
出版物市场管理规定
The Provisions set forth the requirements and application procedures for establishment of publication general distributors, wholsalers, retailers, and leasing and chain enterprises.

Announcement on Issues Relevant to Expanding the Scope of Enterprises to Which the Measures for Administration of the Exemption, Setoff and Refund of Tax Apply [Full Text Translation]
关于扩大适用免抵退税管理办法企业范围有关问题的公告
The Announcement allows tax exemption, setoff and refund of tax of integrated circuit design, software design and animation design enterprises to be extended to entrustment of processing.

Tentative Provisions for the Temporary Conduct of Auditing in Mainland China by Overseas Accounting Firms [Full Text Translation]
境外会计师事务所在中国内地临时执行审计业务暂行规定
The Provisions further regulate the temporary conduct of auditing in mainland China by overseas accounting firms.

Tentative Provisions on Matters Relevant to the Implementation of the System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors [Full Text Translation]
实施外国投资者并购境内企业安全审查制度有关事项的暂行规定
The Provisions detail the security review application procedure for acquisition of domestic enterprises by foreign investors.

Circular on Further Regulating the Development and the Administration by Record Filing of Equity Investment Enterprises in Pilot Areas [Full Text Translation]
关于进一步规范试点地区股权投资企业发展和备案管理工作的通知
The Circular aims to further regulate the administration by record filing of equity investment enterprises in the pilot areas: Tianjin Binhai New Area, Beijing Zhongguancun Science and Technology Park, Wuhan East Lake New Technology Development Zone and the Yangtze Delta.

Measures for Administrative Law Enforcement in Connection with Patents [Full Text Translation]
专利行政执法办法
The Measures set forth provisions on the handling of patent infringement disputes, mediation of patent disputes, as well as investigation and handling of the passing off of patents.

Circular on Issues Relevant to the Administration of Foreign Investment [Full Text Translation]
关于外商投资管理工作有关问题的通知
The Circular lifts and streamlines the examination and approval requirements for certain foreign investment matters.

Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Intellectual Property Infringement [Full Text Translation]
关于办理侵犯知识产权刑事案件适用法律若干问题的意见
The Opinion is formulated to specify the standards for the conviction and punishment of intellectual property infringement cases.

PRC People’s Mediation Law [Full Text Translation]
中华人民共和国人民调解法
The Law specifies the mediation procedure, and the roles of a people's mediation committee, people's mediator and settlement agreement.

Circular on Issues Concerning the Enterprise Income Tax Policy for Technology Transfers by Tax-resident Enterprises [Full Text Translation]
关于居民企业技术转让有关企业所得税政策问题的通知
The Circular clarifies the scope of technology transfers, which includes the transfer by tax-resident enterprises of proprietary technology, copyrights in computer software, rights in layout-designs of integrated circuits, new varieties of plants and new biopharmaceutical products.

Circular on the Establishment of a System for Security Review of Acquisition of Domestic Enterprises by Foreign Investors [Full Text Translation]
关于建立外国投资者并购境内企业安全审查制度的通知
The Circular defines the acquisition of domestic enterprises by foreign enterprises that is subject to security review as well as the subject of such review.

Provisions on Several Issues Concerning the Application of the < PRC Company Law > (3) [Full Text Translation]
关于适用《中华人民共和国公司法》若干问题的规定（三）
The Provisions are formulated to clarify the application of the PRC Company Law in trials concerning the establishment of companies, capital contributions and confirmation of equity interests.

Anti-price Monopoly Provisions [Full Text Translation]
反价格垄断规定
Competing business operators are prohibited from reaching eight types of price monopoly agreements that fix or change the price

Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Monopolistic Agreements [Full Text Translation]
工商行政管理机关禁止垄断协议行为的规定
The Provisions specify the types of monopolistic agreements that competing business operators are prohibited from reaching.

Provisions for the Prohibition by Administrations for Industry and Commerce of Acts of Abuse of Dominant Market Position [Full Text Translation]
工商行政管理机关禁止滥用市场支配地位行为的规定
The Provisions detail the activities that a business operator having a dominant market position is prohibited from carrying out as well as the determination of whether a business operator has a dominant market position.

Provisions for the Suppression by Administrations for Industry and Commerce of Acts of Abuse of Administrative Authority to Eliminate or Restrict Competitive Acts [Full Text Translation]
工商行政管理机关制止滥用行政权力排除、限制竞争行为的规定
SAIC cracks down on abuse of administrative authority to eliminate or restrict competition.

Circular on Strengthening the Administration of the Examination and Approval and Record Filing of Foreign Investment in the Real Property Sector [Full Text Translation]
关于加强外商投资房地产业审批备案管理的通知
Mofcom curbs on round-trip real property investment.

Shanghai Municipality, Implementing Measures for the Launch of a Pilot Foreign-invested Equity Investment Enterprise Project in the Municipality [Full Text Translation]
上海市关于本市开展外商投资股权投资企业试点工作的实施办法
The Measures set forth the procedures for establishment of foreign-invested equity investment enterprises and foreign-invested equity investment management enterprises.