China Law & Practice

Change font size:   

Full Text Translations

PRC Civil Procedure Law (Revised)
中华人民共和国民事诉讼法 (修正)
The revised Law sets forth more circumstances under which a people's court may approve an application to retry a civil case.

Rules for the Administration of Permission to Produce Alternative Energy Vehicles
新能源汽车生产准入管理规则
The Rules specify the qualifications for production of alternative energy vehicles and the administration of the vehicle production enterprises and products.

Circular on Issues Concerning the Annual Average Monthly Working Hours of Staff and Workers and the Pro Rata Calculation of Their Wages
关于职工全年月平均工作时间和工资折算问题的通知
The Circular elaborates on the calculation of working days and hours and pro rata calculation of daily wage and hourly wage.

PRC Individual Income Tax Law (5th Revision)
中华人民共和国个人所得税法 (第五次修正)
The limit for deduction of expenses raised for wage income of individuals.

Features

Putting China’s Labour Contract Law into Practice
With reports emerging of mass layoffs preceding its implementation, and factory closures or relocations to cheaper jurisdictions afterwards, the newly-effective Labour Contract Law has drawn much criticism. Large employers complain that it adds unreasonable costs, while employees are disappointed that the Law does not offer as many benefits for them as compared to the original draft. But is the Law as it stands a workable compromise, and can it be enforced in its current form prior to the release of implementing regulations?

PRC Civil Procedure Law Revised
In the past 16 years, the PRC Civil Procedure Law has played an important role in safeguarding the civil rights and interests of the parties and regulating the conduct of the other relevant participants in litigation. However, with the rapid development of China’s economy and the increasingly complex and elaborate Chinese legal system, more and more civil and commercial disputes have arisen in recent years and aggrieved parties are more willing than ever to resort to court to resolve their disputes. This has created the need for a revised version of the legislation with more specific guidance and rules, especially regarding retrial and enforcement procedures.

Amendments to the Law on Lawyers: Ethical Standards Raised, but Not Yet to International Standards
China’s new Law on Lawyers addresses fundamental rights for lawyers. This month, Joanna Law spoke with some of China’s top lawyers who shared their views on the amendments and discussed what further changes would be beneficial to the profession.

China’s Policy-Driven Push to Innovate and Drive its Auto Industry Green
New rules issued by the NDRC represent the Chinese government’s most recent effort to centrally manage the development of the domestic Chinese auto industry, while still promoting the innovation required for its success. The modern auto industry presents the nation with what is arguably one of the most technology-intensive and innovation-laden challenges yet. Whether such government-led innovation can be successful will certainly be interesting to watch as the rules are played out.

Investigative Due Diligence and M&A in China

Legislation Digest

PRC Civil Procedure Law (Revised)
中华人民共和国民事诉讼法 (修正)
Criteria for retrial of civil cases revised.

Ministry of Labour and Social Security, Circular on Issues Concerning the Annual Average Monthly Working Hours of Staff and Workers and the Pro Rata Calculation of Their Wages
劳动和社会保障部关于职工全年月平均工作时间和工资折算问题的通知
Calculation of working hours and hourly wage specified.

People’s Bank of China and China Banking Regulatory Commission, Measures for the Administration of Loans for Development of Economically Affordable Residential Premises
中国人民银行、中国银行业监督管理委员会经济适用住房开发贷款管理办法
More banks are allowed to provide loans for the development of economically affordable residential premises.

China Insurance Regulatory Commission, Notice on the Matters Relevant to the Application for Establishing Wholly-owned Insurance Agencies in the Mainland by Hong Kong and Macao Insurance Agencies
中国保险监督管理委员会关于香港、澳门保险代理公司申请在内地设立独资保险代理公司有关事项的公告
Hong Kong and Macao insurance agencies allowed to set up wholly-owned insurance agencies on the mainland.

China Insurance Regulatory Commission, Notice on the Adjustment of the Liability Limits of Mandatory Traffic Accident Insurance
中国保险监督管理委员会关于调整交强险责任限额的公告
Premiums raised for mandatory traffic accident insurance.

China Securities Regulatory Commission, Guidelines on the Contents and Format of Annual Reports of Securities Companies (2008 Revision)
中国证券监督管理委员会证券公司年度报告内容与格式准则(2008年修订)
More requirements for securities companies on information disclosure.

State Council General Office, Circular on the Stringent Implementation of the Laws and Policies Relevant to the Use of Rural Collective Construction Land
国务院办公厅关于严格执行有关农村集体建设用地法律和政策的通知
Circular to prohibit purchase of homestead land by urban residents.

National Development and Reform Commission, Rules for the Administration of Permission to Produce Alternative Energy Vehicles
国家发展和改革委员会新能源汽车生产准入管理规则
China sets entry requirements for manufacture of alternative energy vehicles.

PRC Road Traffic Safety Law (Revised)
中华人民共和国道路交通安全法 (修正)
Liability for compensation of motor vehicle drivers in traffic accidents revised.

Ministry of Finance, Measures for the Administration of the Priority Purchase and Order of Self-initiated Innovative Products by the Government
财政部自主创新产品政府首购和订购管理办法
Product innovation encouraged by means of government procurement.

PRC Individual Income Tax Law (5th Revision)
中华人民共和国个人所得税法 (第五次修正)
The limit for deduction of expenses raised for wage income of individuals.

State Administration of Taxation, Circular on Issues Relevant to Prepayment of Enterprise Income Tax
国家税务总局关于企业所得税预缴问题的通知
Certain enterprises prepaying tax on a monthly basis now may prepay tax on a quarterly basis.

Ministry of Finance, Measures for the Administration of Government Procurement of Imports
财政部政府采购进口产品管理办法
Government purchase of imports gives priority to technology transfer.

Other Recent Legislation for This Month

China Law & Practice Events

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