Legal

• China Energy Sector Survey Part III: Foreign Inbound Investment

  The authors examine the legal framework for foreign investment in energy across the oil and gas, electric power and coal industries.

  January 31, 2004

• PRC Banking Regulation Law

  中华人民共和国银行业监督管理法

  The PRC Banking Regulation Law establishes a new banking supervision institution – the China Banking Regulatory Commission (CBRC) – to oversee the regulation for all banking institutions and activities in China. The CBRC's functions, responsibilities and authorities are detailed in the Law, which relates to, inter alia, drafting and promulgating regulations and rules, examining and approving establishment and changes of business scope, vetting bank's capital increases and funds, vetting directors and senior manager, enacting prudent operating procedures and standards, setting up a monitoring database on banks' activities and risks, on-site inspections, unified financial statements, risk rating and monitoring system, crisis management.

  January 31, 2004

• Railway Construction in China

  By Susan Finder with assistance from Peter Bazos, Freshfields Bruckhaus Deringer, Hong KongChina's current five-year plan (2001-2005) attests to the commitment…

  November 30, 2003

• Supreme People's Court, The Question of Whether Real Property Administrative Authorities Can Revoke Wrong Cancellations of Mortgage Registration Official Reply

  最高人民法院关于房地产管理机关能否撤销错误的注销抵押登记行为问题的批复

  Issued: November 17 2003Main contents: The Official Reply states that real property administrative authorities can revoke wrong cancellations of mortgage…

  November 30, 2003

• China Insurance Regulatory Commission, Fulfilment of Relevant WTO Accession Commitments Notice

  中国保险监督管理委员会关于履行有关入世承诺的公告

  Issued: December 11 2003Main contents: The Notice allows foreign-invested property insurance companies to engage in all non-life insurance businesses other…

  November 30, 2003

• State Council, Reform of the Current Export Tax Rebate Mechanism Decision

  国务院关于改革现行出口退税机制的决定

  Issued: October 13 2003Main contents: The Decision states that the rates of export tax rebates are to be adjusted according to different types of products.…

  November 30, 2003

• Supreme People's Court, «Ministry of Commerce, Request to Confirm Whether the«Several Issues Concerning the Trial of Civil Dispute Cases Relating to Enterprise Restructuring Provisions» Applies to Foreign Investment Letter»Reply

  最高人民法院对《商务部关于请确认<关于审理与企业改制相关的民事纠纷案件若干问题的规定>是否适用于外商投资的函》的复函

  Issued: October 20 2003Main contents: The Reply clarifies that the adjustment made by the Several Issues Concerning the Trial of Civil Dispute Cases Relating…

  November 30, 2003

• Other Recent Legislation for this Month

  National LegislationConstitution and Legal SystemMinistry of Justice Announcement (No.21) (Two Foreign Law Firms Establishing Additional Representative…

  November 30, 2003

• China Banking Regulatory Commission, Further Opening of Renminbi Services to Foreign-invested Financial Institutions Notice

  中国银行业监督管理委员会关于向外资金融机构进一步开放人民币业务的公告

  Issued: October 24 2003Main contents: The Notice states that from December 1 2003 foreign-invested financial institutions may apply to engage in renminbi…

  November 30, 2003

• Ministry of Information Industry, Interpretation of the Law Application Concerning the Required Criteria for Operators Providing Domain Name Registration Services Notice

  信息产业部关于从事域名注册服务经营者应具备条件法律适用解释的通告

  Issued: November 20 2003Main contents: The Notice elaborates on the criteria for providing domain name registration services mentioned in Article 12 of…

  November 30, 2003