Features & Analyses

  • 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.

    October 15, 2008
  • 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.

    October 15, 2008
  • 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.

    October 15, 2008
  • Sexual harassment in the workplace in the PRC is more common than some would think. Women working in the PRC gained significant additional rights in 2005 when the Standing Committee of the National People's Congress amended (the 2005 Amendment) the Law for the Protection of Women's Rights and Interests of the PRC1 (Women's Protection Law) to prohibit sexual harassment against women for the first time Lesli Ligorner from Paul Hastings, Janofsky & Walker discusses how the 2005 Amendment has failed to protect women from sexual harassment.

    September 10, 2008
  • Guangdong is the first province to have issued a guiding opinion on the labour laws. The opinion attempts to clarify some of the ambiguities in the PRC Employment Contract Law, which took effect in January this year. But the issuance of the rules has caused considerable controversy, with some arguing the Guangdong authorities do not have the right to issue guiding opinions and that some its contents are, as a result, against the national law.

    September 10, 2008
  • The Anti-monopoly Law (AML), which came into force on August 1, 2008, introduces a new legal regime of merger control. Alexandre Vincent and Elaine Zhu from CMS argue the implementation of the notifiable concentrations should be suspended until clearance by MOFCOM.

    September 10, 2008