China Law & Practice

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Circular on Continuing Implementation of the Tax Policy for the Procurement of Equipment by Research and Development Institutions
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
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)
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)
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
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)
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
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)
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.

Features

Not falling short: The rise of short selling in China
Earlier this year, some Chinese companies listed in the US found their stock prices plunging as a result of short sellers’ actions. Meanwhile, short selling has landed in China on its futures exchange and is being induced by the government to develop and improve its capital markets

Open gate for cross-border Rmb FDI flows
More new rules have been published that clarify the cross-border flow of Renminbi and they signal that China has formally opened the channel for cross-border and nation-wide Renminbi foreign direct investment

From China to Wall Street and back
After this summer’s backlash against Chinese companies listed in the US, many are considering going private to avoid further negative publicity, decreased valuations and the increased risk of litigation

IP reshapes e-commerce strategies
New developments in e-commerce regulation bring the issue of intellectual property infringement and the liability of e-commerce operators to light. A landmark case in China removed the defence of the “Safe Harbor Principle” for the first time, and should serve as an admonition to online platforms

Protecting the consumer
China’s consumer code is due for an update. A number of innovations to the current law are being discussed for an upcoming draft, including the right of revocation, data protection and class actions

Prior art defence in patent litigation: A legal quagmire?
The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

Laying down the bankruptcy law
The implementation of China’s bankruptcy law has been mired by the inconsistent standards and interpretations of various courts. A new set of measures offers more guidance and clarity, especially in pinpointing bankruptcy causes and who assumes the burden of proof

China question: How do I initiate litigation for a breach of contract?
Two dispute resolution specialists offer their insights on how to handle bringing a Chinese manufacturer to court and how to avoid a similar situation in the future.

Latest News

New securities lending law requires implementation guidance
Pilot scheme for brokerages allowing margin trading and short selling is expanded

Social insurance law compliance stressed in draft rules
Be aware that insurance rates vary by location and industry

Debt-for-equity swap registration required
Debt must be evaluated and verified

Draft may allow female employees more benefits
Maternity leave extended

Legislation Digest

State Administration for Industry and Commerce, Measures for the Administration of the Registration of Debt-for-equity Swaps of Companies
国家工商行政管理总局公司债权转股权登记管理办法
Debts have to be appraised for a debt-for-equity swap.

National Statistics Bureau and State Administration for Industry and Commerce, Provisions for the Classification of Types of Enterprise Registration (Revised)
国家统计局、国家工商行政管理总局关于划分企业登记注册类型的规定(修订)
Classification of enterprise registration revised to incorporate foreign partnerships.

State-owned Assets Supervision and Administration Commission of the State Council, Tentative Measures for the Administration of Overseas State-owned Assets and Equity of Enterprises Directly under the Central Government
国务院国有资产监督管理委员会中央企业境外国有产权管理暂行办法
Sasac tightens control of overseas state-owned subsidiaries.

China Insurance Regulatory Commission, Measures for the Administration of the Capital Guarantee Funds of Insurance Companies
中国保险监督管理委员会保险险公司资本保证金管理办法
Insurance companies required to deposit capital guarantee funds in more than one bank.

China Securities Regulatory Commission, Trial Measures for the Regulation of the Securities and Loan Lending Business
中国证券监督管理委员会转融通业务监督管理试行办法
Securities and loan lending to facilitate margin trading and short selling.

State Administration of Foreign Exchange, Circular on Issues Relevant to the Handling of the Renminbi-foreign Exchange Option Portfolio Business by Banks
国家外汇管理局关于银行办理人民币对外汇期权组合业务有关问题的通知
Safe puts forward risk-reversal option portfolios.

State Council, PRC Tentative Regulations on Resource Tax (Revised)
国务院中华人民共和国资源税暂行条例 (修订)
Ad valorem method used for calculation of resource tax for crude oil and natural gas.

Ministry of Finance, Ministry of Commerce, General Administration of Customs and State Administration of Taxation, Circular on Continuing Implementation of the Tax Policy for the Procurement of Equipment by Research and Development Institutions
财政部、商务部、海关总署、国家税务总局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 R&D institutions.

Ministry of Finance and State Administration of Taxation, Plan for Pilot Projects for the Levy of Value-added Tax in Replace of Business Tax
财政部、国家税务总局营业税改征增值税试点方案
Transport and logistics sectors benefit from the new VAT reform.

Ministry of Finance, Implementing Rules for the PRC Tentative Regulations on Value-added Tax (2nd Revision)
财政部中华人民共和国增值税暂行条例实施细则 (第二次修正)
Thresholds for levy of value-added tax raised.

Ministry of Finance, Implementing Rules for the PRC Tentative Regulations on Business Tax (2nd Revision)
财政部中华人民共和国营业税暂行条例实施细则 (第二次修正)
Thresholds for levy of business tax raised.

State Administration of Taxation, Announcement on the Issue Concerning Whether Entities that Employ Disabled Persons are Eligible for More than One Preferential Value-added Tax Policies
国家税务总局关于安置残疾人单位是否可以同时享受多项增值税优惠政策问题的公告
Employers hiring disabled persons may enjoy multiple VAT tax refunds.

Other Recent Legislation for This Month

China Law & Practice Events

Asia-Pacific In-house Counsel Summit 2012
21 & 22 March 2012
Location: Hong Kong

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03 May 2012
Location: Singapore

ALP Southeast Asia In-house Counsel Summit
17 May 2012
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