July 2010

Following last year’s issue of the Rules on Foreign Exchange Administration for Outbound Direct Investments by Onshore Entities , SAFE has announced clearer registration procedures that onshore banks must follow for their own outbound direct investments. Onshore banks include; policy banks, State-owned commercial banks, joint stock commercial banks, urban and local banks and locally incorporated …

SAFE Clarification Regarding Outbound Direct Investments Read More »

While an employee is not working because they are receiving medical treatment for a work-related injury, a company is still bound to pay him or hers full salary.  Generally the maximum full-pay period is limited to 12 months, but if approved by the Local Labor Bureau, it may be extended for another 12 month period. …

Chinese Law – Do companies have to continue paying employees who cannot work, and who also may not be terminated for their work-related injury? Read More »

The Provisions on the Administration of Reinsurance Business 2010 (“the New Provisions”) have come into effect on July1, 2010 issued by The China Insurance Regulatory Commission (“CIRC”). Meanwhile, the earlier versions of The Provisions on the Administration of Reinsurance Business 2005 (“the Old Provisions”) have been repealed. The New Provisions have made some improvements on …

New Provisions on the Administration of Reinsurance Released by CIRC Read More »

Edward Lehman, Managing Director of Lehman, Lee & Xu, appeared as a guest speaker in the Dialogue program on CCTV-9 on July 20 th to discuss new anti-corruption measures implemented by the Chinese government.  Mr. Lehman appeared on the program along with Dr. Victor Gao, a current affairs commentator who used to work as the interpreter …

Lehman Speaks on CCTV Program About New Anti-Corruption Laws in China Read More »

The Administrative Measures for Foreign Enterprises and Individuals to Establish Partnership Enterprises in China (the “Measures”) became effective on March 1, 2010. Non-Chinese entities and individuals, alone or with Chinese individuals, legal persons and other organizations, are now allowed to set up foreign invested partnerships (“FIPs”). Before the Measures went into effect, there are only …

China’s Foreign-Invested Partnership Rules Take Effect Read More »

The State Council’s 2008 Regulation on Notification Thresholds for Proposed Concentrations of Undertakings implemented the merger provisions of the Antimonopoly Law. Since the adoption of the regulations, the State Council has reviewed over 100 merger transactions, a majority of which have been cleared. Only one transaction was denied outright, while five others were allowed with …

Merger Control Read More »

The recently announced Guidelines on Promoting the Sound Development of Online Shopping requires real-name registration for any individual conducting business activities via the internet and gradually implements a business registration system. Furthermore, the guidelines require that commercial vendors improve their service and administration mechanisms, improve the trading environment, regulate trading activities and promote the development …

MOFCOM Guides Online Shopping Development Read More »

The State Administration of Taxation has attempted to clarify issues concerning the issuance of tax payment receipt of individual income tax. The first of the clarifications specifies that where the tax authority directly collects tax payments and the taxpayer requests a tax payment receipt, the tax authority must issue a general certificate of tax payment, …

SAT Issues Notice Regarding IIT Payment Receipt Issuance Read More »

The Association for Relations across the Taiwan and the Straits Exchange Foundation have announced the signing of the Cross-Strait Co-operation Agreement on Protection of Intellectual Property Rights . Under the agreement, both parties have agreed to recognize the first application date of the patents, trademark or variety rights of each other, actively promote the corresponding …

Taiwan and Mainland Sign IPR Protection Co-operation Agreement Read More »

The State Administration of Taxation (SAT) of the People’s Republic of China recently published a Supplementary Notice in order to clarify the Measures for the Administration of Non-residents’ Treatment under Tax Treaties.  Before this notice, it was unclear which identification papers of fiscal residents were required to be submitted by taxpayers in accordance with Articles …

Supplementary Notice Clarifies Treatment of Non-Residents Under Tax Treaties Read More »