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China Law & Practice is published by Asia Law & Practice
Vice Chairperson of the Mainland Affairs Council Liu Te-shun (LTS) spoke with Chris Bisogni (CB) and shared his thoughts on the development of cross-straits economic ties and what the Taiwanese people can expect as a result of Ma Ying-jeou’s victory in the recent election.
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.
PRC Law on the Mediation and Arbitration of Employment Disputes中华人民共和国劳动争议调解仲裁法 The Law details the procedures for mediation and arbitration of employment disputes. It stipulates that the time limit for applying for arbitration in an employment dispute shall be one year (Article 27).
Land Registration Measures土地登记办法 The Measures stipulate that land registration shall be carried out jointly by the concerned parties, except in specified circumstances where a single party may make an application.
PRC Customs Measures for the Supervision of Processing Trade Goods (Revised)中华人民共和国海关对加工贸易货物监管办法 （修正） These Measures shall apply when procedures for the record filing, import and export customs declaration, processing, supervision and verification and cancellation of processing trade goods are carried out.
Plan on Reform of State Council Organs国务院机构改革方案 The Plan establishes a new commission and five new ministries under the State Council.
Circular on the Handling of Relevant Matters Following the Abolition of Several Preferential Tax Policies Previously Available to Foreign-invested Enterprises and Foreign Enterprises关于外商投资企业和外国企业原有若干税收优惠政策取消后有关事项处理的通知 The Circular clarifies three issues arising after the abolition of several preferential tax policies previously available to foreign-invested enterprises and foreign enterprises.
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China’s Leading M&A Law Firms M&A deals were a boom industry in China last year. Leading international and local law firms have been advisors to many significant deals which showcased just how ripe the environment has been in China for major business activity.
PRC Law on Mediation and Arbitration of Labour Disputes: Further Improvement in Handling Labour Issues in China The PRC Law on the Mediation and Arbitration of Employment Disputes is another important step made by the Standing Committee of the PRC National People’s Congress after its promulgation of the Labour Contract Law in June 2007. Both this and the Labour Contract Law are intended to better protect the legitimate rights and interests of employees and employers, with the latter in respect of the substantive law and the former in respect of the procedural system.
New Registration Measures Provide Clarity for China Land Owners With the new Land Registration Measures introduced in February the PRC Ministry of Land Resources is making a huge step towards bringing clarity and buyer protection to what has, over the last two decades, become a complicated and confusing procedure for the registration of property. In its enthusiasm to bring about constructive change, however, the central government may find its announced implementation of the new Measures to be a bit ambitious.
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.
Manufacturing Export Goods in China China is not a free economy. Every business activity is regulated. According to current PRC laws and regulations, any established presence of a foreign company shall be approved and lodged with relevant government authorities. Unregistered business activities may be caught and deemed illegal by Chinese government authorities.
STATE COUNCIL TAKES STEPS TO REFORM CAPITAL MARKET
GOVERNMENT RESTRUCTURING EASES WAYS FOR LAWYERS
2008: A PROFITABLE YEAR FOR US AND UK LAW FIRMS IN CHINA
ASIA’S DESIRABLE YET RISKY FOREIGN INVESTMENT ENVIRONMENT
Gide Loyrette Nouel advises Areva T&D on Chinese expansion
Minsheng and RBC formed US$28 million joint venture
IFIL Group’s US$90 million deal closed
Multi-firm effort on deal to sell DM Label Group to Avery Dennison
Clifford Chance says leveraged buyouts possible despite credit crunch
Ping An buys half of Fortis; White & Case advises
State-owned media group establishes privatization
Netherland firm establishes joint venture with Chinese securities company
First PRC leveraged buyout closes in 2008
Law firm helps reduce transaction costs with Kyoto rulebook site
Beijing law firm expands its corporate practice
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
General Office of the China Banking Regulatory Commission, Circular on Issues Relevant to Further Regulating the Personal Financial Management Business of Commercial Banks中国银行业监督管理委员会办公厅关于进一步规范商业银行个人理财业务有关问题的通知 CBRC puts a halt to commercial banks’ selling of products linked to overseas funds.
China Securities Regulatory Commission, Guiding Opinion on the Transfer of Existing Shares of Listed Companies that are Freed from Sale Restrictions中国证券监督管理委员会上市公司解除限售存量股份转让指导意见 Locked-up shares from the share reform released.
China Securities Regulatory Commission Notice [2008] No.10 - Provisions for the Administration of Chief Risk Officers of Futures Companies (Trial Implementation)中国证券监督管理委员会公告[2008]10号 - 期货公司首席风险官管理规定(试行) CSRC requires a chief risk officer in futures companies.
State Administration of Taxation, Circular on Issues Relevant to the Prepayment of Enterprise Income Tax of Real Property Developers国家税务总局关于房地产开发企业所得税预缴问题的通知 Rate of tax prepayment raised to 20% for pre-sold premises.
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.
Ministry of Construction, Housing Registration Measures建设部房屋登记办法 Housing registration to protect purchasers of pre-sold housing premises.
Tax Treatment of Mergers, Divisions and Reorganizations
Foreign Investors Allowed Wider Access to Securities Joint Ventures
Prevention of Infringement on Business Secrets in Foreign Investment
“Look alike” is not acceptable: case review on a recent judgment by the Supreme Court
China’s measures to further encourage QDII investment
IP in India: Copyright in Cinematograph Films: A Brief Note
Banking Opportunities in Kazakhstan 2008
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The 2008 Asia Pacific M&A Summit 05 August 2008 Location: Hong Kong
The 2008 Asia Pacific Dispute Resolution Summit 26 June 2008 Location: Singapore
The 2008 Asialaw India Summit 04 September 2008 Location: Mumbai
The 2008 Asialaw China Summit 23 September 2008 Location: Shanghai