Implementing Regulations for the PRC Employment Contract Law
中华人民共和国劳动合同法实施条例
The Implementing Regulations provide further details to the PRC Employment Contract Law concerning the conclusion of employment contracts, termination and ending of employment contracts, and placement.
Measures for the Administration of Foreign-invested Mineral Exploration Enterprises
外商投资矿产勘查企业管理办法
The Measures specify the qualifications and application procedure for establishment of a foreign-invested mineral exploration enterprise.
PRC Regulations for the Control of Foreign Exchange (2nd Revision)
中华人民共和国外汇管理条例 (第二次修訂)
The Regulations cover the control of foreign exchange on the current account and capital account.
Provisions on Several Issues Concerning the Application of the System of the Prescription of Actions in Trials of Civil Cases
关于审理民事案件适用诉讼时效制度若干问题的规定
The Provisions detail matters in respect of the counting, interruption, suspension and validity of prescription of actions.
Provisions for the Administration of Foreign-invested Telecommunications Enterprises (Revised)
外商投资电信企业管理规定 (修訂)
The revised provisions lower the minimum registered capital of foreign-invested telecommunications enterprises that provide basic telecommunications services.
Measures for the Administration of the Takeover of Listed Companies (Revised)
上市公司收购管理办法 (修订)
The revised Measures amended Article 63, concerning application to the China Securities Regulatory Commission for an offer exemption by using the simplified procedure.
Employment regulations may prove a burden for employers
Companies had been expecting clarification from China’s Implementing Regulations for its Employment Contract Law in September. But many of the more ambitious provisions remain unsolved.
China’s increasing focus on mineral exploration to further fuel energy sector
China is encouraging foreign investment in the mineral resources exploration and exploitation industry. The government has placed importance on addressing the import of foreign capital and new technologies for mining.
PRC Foreign Exchange Administration Regulations Revised
China's currency has undergone fundamental changes along with the rapid economic development both domestically and in global markets. In order to adapt to today's financial and currency markets, the State Council has adopted a revision of Foreign Exchange Regulations of the People’s Republic of China on August 5 2008. Foreign companies need to be familiar with the newly revised foreign exchange regulations.
Court Clarifies Statute of Limitations for Civil Cases
The Provisions of the Supreme People’s Court on Several Issues Concerning Application of The Statute of Limitations System in Trial of Civil Cases brings forth 24 articles which give systemic and comprehensive regulations in regards to the general principals, calculation, interruption, suspension, effect and supplementary provisions of the statute of limitations.
Amended Regulations Could Open Telecoms Sector
Amendments to China’s Regulations for the Administration of Foreign-invested Telecommunications Enterprises came into effect in September 2008. The amendments lower capitalisation thresholds for the operation of basic services and make applications simpler. But it is not clear if the new rules will encourage more foreign investment in the telecoms sector.
Stories from the summit
Regulatory reform in China is more important than ever to investors in the country. Leading lawyers talked about how the government’s various regulatory approach shape investors’ behaviours at the 5th annual China Law & Practice China Summit.
New Opportunities for Investing in PRC Real Estate Market
In July 2008, MOFCOM issued a circular granting provincial-level authorities more leeway in approving foreign investment real estate projects. Lawrence Guo, a partner at Broad & Bright, looks at how the delegation of power will change the playing field.
Mining for China’s Outbound Direct Investment
With skyrocketing economic growth and an economy on track to be the world’s largest by 2025, China is seeking overseas investment opportunities. Sharon Wong and Malcolm Brennan of Mallesons Stephen Jaques and Sandra Knowler of Lang Michener explain why much of that outbound investment is likely to be in the energy and resources sector.
Preferred Stock Structure: Theoretical and Practical Issues of Implementation in Chinese Foreign-invested Enterprises
China’s new Company Law increased possibilities for the adoption of a “preferred stock” structure. Greg L Pickrell and Judy J Deng of Pillsbury Winthrop Shaw Pittman explore the practicality of incorporating the two-class stock structure within China’s corporate law doctrines and interplay with other relevant segments of laws.
Tax Preference Guideline Provides Objective Scrutiny for High/New-tech Enterprises
China has further clarified tax preferences for high- and new-technology enterprises (HNTEs) in a recent Working Guideline. Applicants that can satisfy tougher and more precise qualification criteria will benefit from clear and objective evaluation procedures, but must be prepared for broad scrutiny of their tax and legal compliance. HNTE status can be lost through business changes including mergers or acquisitions.
China Securities Regulatory Commission, Compilation Rules for Information Disclosure by Companies that Offer Securities to the Public (No.26): Special Provisions for the Information Disclosure of Commercial Banks
中国证券监督管理委员会公开发行证券的公司信息披露编报规则第26号 - 商业银行信息披露特别规定
Commercial banks required to disclose information on sub-prime loans.
Ministry of Finance, China Securities Regulatory Commission, National Audit Office, China Banking Regulatory Commission and China Insurance Regulatory Commission, Basic Guidelines for Internal Controls of Enterprises
财政部、中国证券监督管理委员会、审计署、中国银行业监督管理委员会、中国保险监督管理委员会企业内部控制基本规范
First law on internal controls of enterprises.
Supreme People’s Court, Provisions on Several Issues Concerning the Application of the System of the Prescription of Actions in Trials of Civil Cases
最高人民法院关于审理民事案件适用诉讼时效制度若干问题的规定
Periods of prescription of actions clarified for civil cases.
State Council, Implementing Regulations for the PRC Employment Contract Law
国务院中华人民共和国劳动合同法实施条例
State Council rules out iron-rice-bowl employment contracts.
PRC Law on the Promotion of the Circular Economy
中华人民共和国循环经济促进法
Power grid enterprises required to purchase electric power generated using waste resources.
State Council, PRC Regulations for the Control of Foreign Exchange (2nd Revision)
国务院中华人民共和国外汇管理条例 (第二次修订)
Forex regulations revised to curb inflow of hot money.
Ministry of Commerce and General Administration of Customs, 2008 Catalogue of Prohibited Commodities in the Processing Trade
商务部、海关总署2008年加工贸易禁止类商品目录
China to restrict and improve the standard of processing trade.
China Insurance Regulatory Commission, Opinion on Regulating the Articles of Association of Insurance Companies
中国保险监督管理委员会关于规范保险公司章程的意见
Insurance companies required to include provisions on solvency level in their articles of association.
China Insurance Regulatory Commission, Operational Guidelines for the Board of Directors of Insurance Companies
中国保险监督管理委员会保险公司董事会运作指引
Guidelines issued to restrict boards of insurance companies in their delegation of powers.
China Securities Regulatory Commission, Decision on Amending Article 63 of the (Measures for the Administration of the Takeover of Listed Companies)
中国证券监督管理委员会关于修改《上市公司收购管理办法》第六十三条的决定
Takeover measures amended to facilitate increase in shareholding by major shareholders.
People’s Bank of China and China Banking Regulatory Commission, Circular on Promoting Land Conservation and Improving the Efficiency of Land Use through Financial Means
中国人民银行、中国银行业监督管理委员会关于金融促进节约集约用地的通知
Loans for real property tightened.
State Council, Provisions for the Administration of Foreign-invested Telecommunications Enterprises (Revised)
国务院外商投资电信企业管理规定 (修订)
Basic telecommunications services further opened to foreign investors.
Ministry of Commerce and Ministry of Land and Resources, Measures for the Administration of Foreign-invested Mineral Exploration Enterprises
商务部、国土资源部外商投资矿产勘查企业管理办法
Geographic restriction on exploration permits lifted.
Beijing Municipality, Opinion on Thoroughly Implementing the (Beijing Municipality, Regulations on Promoting Information Technology) and Strengthening the Regulation of Electronic Commerce
北京市关于贯彻落实《北京市信息化促进条例》加强电子商务监督管理的意见
Beijing requires e-shops to apply for a business licence.
Guangdong Province, Operational Guidelines for the Transformation at the Original Location without Suspension of Production of Enterprises that Process Imported Materials
广东省来料加工企业原地不停产转型的操作指引
Guangdong grants processing enterprises right to sell their products in China.
Guangdong Province, Highway Regulations (Revised)
广东省公路条例（修订）
Guangdong revises regulations to suppress illegal collection of highway tolls.
Other Recent Legislation for This Month