Full Text Translations

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.

Provisions for the Granting of State-owned Construction Leaseholds by way of an Invitation of Bids, Auction or Listing on a Land Exchange (Amended) [Full Text Translation]
招标拍卖挂牌出让国有建设用地使用权规定 (修订)
After the promulgation of the Provisions for the Granting of State-owned Construction Leaseholds by way of an Invitation of Bids, Auction or Listing on a Land Exchange in April 2002, the current Provisions seek to impose regulations on the increasingly popular construction leasehold granting through bidding, auction or listing.

PRC Lawyers Law (Amended) [Full Text Translation]
中华人民共和国律师法 (修订)
The amendment has boosted right and protection of criminal lawyers, and allows lawyers who have been practising for five years to establish individual law firms.

Circular on Issues Relevant to Reinsurance Business Safety [Full Text Translation]
关于再保险业务安全性有关问题的通知
The Circular provides guidelines to reinsurance contracts and retrocession contracts whose term commences on or after January 1 2008 as to risk management mechanism, financial strength ratings, paid-in monetary capital, solvency and trading history requirements for the selection of a reinsurance cedent.

Guidelines for the Syndicated Loan Business [Full Text Translation]
银团贷款业务指引
The Guidelines targets four major improvements on the financial structure of the banking industry: financial services, loan models, risk management, and inter-bank cooperation.

Measures for the Control of Foreign Exchange in Bonded and Supervised Zones [Full Text Translation]
保税监管区域外汇管理办法
The Measures unify foreign exchange procedures for payment of goods or services in bonded zones, export processing zones, bonded logistics parks, bonded port zones, comprehensive bonded zones, cross-border industrial parks and other such specific zones over which customs affects closed regulations.

Guidelines for Compliance Management by Insurance Companies [Full Text Translation]
保险公司合规管理指引
These Guidelines aim to help insurance companies cope with compliance risks through specialized corporate governance stipulations.

Provisions for the Administration of Food Labelling [Full Text Translation]
食品标识管理规定
The Provisions aim to standardize and enforce stricter regulation on food labelling, and to prevent quality fraud.

PRC Anti-monopoly Law [Full Text Translation]
中华人民共和国反垄断法
China's first anti-monopoly law. This law aims to ensure fair market competition and to prevent and halt monopolistic acts.

Measures for the Administration of Futures Companies [Full Text Translation]
期货公司管理办法
This law aims to regulate futures companies in China. Of chief importance is that futures brokerages are renamed as futures companies.

Measures for Pilot Projects for the Offering of Corporate Bonds [Full Text Translation]
公司债券发行试点办法
This law governs the offering of corporate bonds in the People's Republic of China. Trusts are introduced for offering of corporate bonds.

Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes [Full Text Translation]
关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定
This Provisions aims to further clarify the issue on the conflict of laws for foreign-related civil and commercial contract disputes and recognizes the parties' expressed choice of laws.

Trial Measures for the Administration of Overseas Securities Investment by Qualified Domestic Institutional Investors [Full Text Translation]
合格境内机构投资者境外证券投资管理试行办法
This law regulates investments in overseas securities by qualified domestic institutional investors and to protect the interests of investors. Parts Two and Three set out the requirements for being a qualified domestic institutional investor (QDII), and an oversea investment consultant. Part Four deals with the custody of assets, power and duties of a custodian, and the appointment of an overseas asset custodian. Part Five is concerned with the duties and transparency of the QDII. Part Six sets out the limit of fund management.

Tentative Measures for the Administration of Overseas Investment of Insurance Capital [Full Text Translation]
保险资金境外投资管理暂行办法
These Tentative Measures strengthen the administration of overseas investment of insurance capital, and to protect the interests of involved parties, whilst at the same time further relaxing overseas investment of insurance capital.

Regulations for the Administration of Futures Trading [Full Text Translation]
期货交易管理条例
This law aims to regulate futures trading, to protect parties involved in such trading, and to promote the development of the futures market. Part Two covers the establishment of futures exchanges, as approved by the State Council's futures regulatory authority. Part Three deals with the formation of futures companies. Part Four sets out the basic rules of futures trading. Part Five provides a self regulatory system for the futures industry. Parts Six and Seven are concerned with the checks and control system, and legal liability of violators.

PRC Employment Contract Law [Full Text Translation]
中华人民共和国劳动合同法
Requiring that employers conclude written employment contracts with all full-time employees within 30 days of their start date, the law provides basic requirements for the establishment, implementation, amendment and termination of these contracts.

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.

Measures for the Administration of Lease Financing Companies [Full Text Translation]
金融租赁公司管理办法
The China Bank Regulatory Commission is reviewing applications by five commercial banks to establish finance leasing companies. How will this new business vehicle impact the Chinese finance leasing landscape?

Several Provisions on the Trial of Cases Involving Civil Tort Compensation in Connection with Audit Activities by Accounting Firms [Full Text Translation]
关于审理涉及会计师事务所在审计业务活动中民事侵权赔偿案件的若干规定
The Rules, tightening tort liability when for accounting firms in conducting audits, are a crucial step towards preventing accounting firms from liability evasion in civil tort cases and building investors' confidence.

Official Reply on the Issue of the Income Tax Treatment of Sale-leaseback Transactions by Foreign-invested Enterprises that Engage in Real Property Development [Full Text Translation]
关于从事房地产开发的外商投资企业售后回租业务所得税处理问题的批复
The Reply clarifies under which case an enterprise assigns interests in, or risks attaching to, an asset through a sale-leaseback transaction it shall be deemed to have transferred all or part of the ownership of the immovable property.

Circular on Revising the Scope of Overseas Investment for Overseas Financial Management Services on Behalf of Customers of Commercial Banks [Full Text Translation]
关于调整商业银行代客境外理财业务境外投资范围的通知
This circular revises the scope of overseas investment, and sets out conditions on offering a product of overseas financial management in overseas stocks.

Measures for the Administration of Trust Companies [Full Text Translation]
信托公司管理办法
This law aims to establish the regulatory framework for business activities of trust companies and promote the healthy development of the trust industry.

Tentative Measures for the Administration of the Entrusted Overseas Financial Management Business of Trust Companies [Full Text Translation]
信托公司受托境外理财业务管理暂行办法
The Tentative Measures stipulates requirements for engaging in entrusted overseas financial management business, the limit of foreign exchange payments for investments and fund management, risk management and transparency of business.

Measures for the Administration of Record Filings in Connection with Commercial Franchising [Full Text Translation]
商业特许经营备案管理办法
This law strengthens the administration of commercial franchising activities, regulates the order of the franchising market, and provides requisite application procedures.

Measures for the Administration of Information Disclosure in Connection with Commercial Franchising [Full Text Translation]
商业特许经营信息披露管理办法
The franchisor is required to disclose certain information to the franchisee in writing at least 30 days before the conclusion of franchise contract. A confidential agreement may be executed before information is disclosed.

Measures for the Administration of the Provision of Securities-related Legal Services by Law Firms [Full Text Translation]
律师事务所从事证券法律业务管理办法
This law aims to strengthen the regulation of securities-related legal services by law firms, to maintain order in the securities market, and to protect the interests of investors.

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.

Circular on Issues Relevant to the Interpretation and Implementation of Relevant Articles of the «Arrangement Between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income» [Full Text Translation]
关于《内地和香港特别行政区关于对所得避免双重征税和防止偷漏税的安排》有关条文解释和执行问题的通知
This circular implements the .

PRC Enterprise Income Tax Law [Full Text Translation]
中华人民共和国企业所得税法
This law aims to unify tax treatment among foreign invested enterprises and domestic enterprises through a unified tax rate and corporate income tax system.

Guidelines on Anti-monopoly Filings for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors [Full Text Translation]
关于外国投资者并购境内企业反垄断申报指南
These Guidelines aim to facilitate filings for mergers and acquisitions of domestic enterprises by foreign investors to ensure that they are not in violation of the anti-monopoly law.

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.

Measures for the Approval of Sales Agency Qualifications for China Civil Air Transport [Full Text Translation]
中国民用航空运输销售代理资格认可办法
The approval of sales agency qualifications is delegated to the China Air Transport Association by the CAAC. The qualification conditions and procedures for sales agency are stipulated in Parts Three and Four.

Regulations for the Administration of Commercial Franchising [Full Text Translation]
商业特许经营管理条例
This law introduces some new regulations with respect to new and existing franchising businesses, and stipulates the requirement of information disclosure by a franchisor to a franchisee.

Interpretation on Several Issues Concerning the Application of the Law in Trials of Civil Unfair Competition Cases [Full Text Translation]
最高人民法院关于审理不正当竞争民事案件应用法律若干问题的解释
The Interpretation addresses the adjudication of civil unfair competition cases includimg counterfeits, falsified advertisement, trade secrets, defamation.

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.

Guangzhou City, Provisions on Encouraging Foreign Investors to Invest in and Establish Headquarters and Regional Headquarters [Full Text Translation]
广州市鼓励外商投资设立总部和地区总部的规定
In order to be recognized as a headquarters or regional headquarters, the institution must satisfy four conditions. Many incentives are provided to foreign investors for establishing headquarters or regional headquarters.

Implementing Rules for the PRC Regulations for the Administration of Foreign-invested Banks [Full Text Translation]
中华人民共和国外资银行管理条例实施细则
Detailed procedures for the establishment and dissolution of foreign-invested banks, scope and operation of renminbi business, and professional qualification requirements of some senior personnel are provided.

Measures for the Administration of Resident Representative Organizations in China of Foreign Insurance Institutions* [Full Text Translation]
中国保险监督管理委员会外国保险机构驻华代表机构管理办法
These measures impose further requirements on resident representative organizations in China of foreign insurance institutions, and facilitate the opening up of China's insurance market.