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Juha Lassila

Law on laws governing civil relations involving foreign elements - Lexology - 0 views

  • The Law covers civil and commercial relationships involving foreign natural persons and legal persons in a number of fields, including marriage, inheritance, property rights, general contractual obligations, labour law, tort and intellectual property rights. The Law clarifies the rules on the applicable laws governing civil disputes in several areas where PRC laws are currently silent, including acts of agency, trusts, arbitration, pledges of rights, labour contracts, and product liability.
  • In addition, the Law expands to tort and property rights in movables the scope of areas where, in the context of a so-called foreign-related contract ("涉外合同"), the parties are free to choose their own governing law.
  • The current PRC laws require that several types of contracts which relate to foreign investment in China such as Sino-foreign equity joint venture contracts, contracts for purchase of equity interests or assets of a domestic enterprise by foreign investors[6] must be governed by PRC Law.
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  • The Law also states that where the parties have chosen a foreign governing law, the court or the arbitration tribunal should investigate and determine the applicable foreign laws, presumably through expert testimony (as in the past). Where the parties select foreign governing laws by agreement, it is the parties' responsibility to provide copies of the selected foreign governing law
  • This means that, for example, all shareholder agreements in relation to say a two-party wholly foreign-owned enterprise would have to be governed by PRC law.
  • In particular, the Law stipulates two important general principles for determining the application of governing laws for foreign-related civil disputes: party autonomy and closest connection
  • However, the Law is not designed to radically change the current rules of conflicts of laws in China. The requirements to apply mandatory Chinese laws which are provided by other laws are maintained under the Law
  • The rules of conflicts of laws stipulated under other civil or commercial laws, which are not covered by the Law, also remain unchanged.
Juha Lassila

Internet in China - Government White Paper - June 2010 - 0 views

  • The Internet in China
  • A crystallization of human wisdom, the Internet
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    ... I just would like them to fix the broken links in this document ...
Juha Lassila

Ground breaking rules governing online games - Lexology - 0 views

  • Foreign companies are still not allowed to invest in online game business in China.
Juha Lassila

Wen Jiabao dinner speech September 2010 - 0 views

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    No matter how big the size of our economy, when divided by 1.3 billion, it becomes very, very small; conversely, no matter how small a problem is, when multiplied by 1.3 billion, it becomes very, very big. This is the reality of China. p.5
Juha Lassila

China 12th FIVE year plan.pdf (application/pdf Object) - 0 views

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    Nice brochure by WWF describing the Five Year Planning in China
Juha Lassila

WRI- China's Technology Development and Innovation Strategy - 0 views

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    World Resources Institute
Juha Lassila

China liberalizes foreign investment in medical services sector - Lexology - 0 views

  • foreign-invested medical institutions ("FIMIs")
  • Foreign investors may choose to establish a for-profit or not-for-profit medical institution.
  • For-profit FIMIs will have autonomy in determining the pricing of their services. They will need to pay enterprise income tax on net profits, but not business tax (a turnover tax on, amongst others, certain services and generally applicable to business enterprises in China charged at various rates on gross sales depending on the nature of the underlying service).
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  • for-profit medical institutions would be able to benefit from an exemption on property tax and urban land use tax on its property and land for self-use, and land-based vehicle and watergoing vessel use taxes on its land-based vehicles and watergoing vessels for self-use for a period of three years. Further tax breaks, including a three-year exemption for valued added tax on medical preparations that are made and used by the for-profit FIMI, may also apply[3].
  • From a government procurement perspective, all levels of PRC governmental authorities are now encouraged to purchase public heath services from private medical institutions.
  •  Qualification requirements for setting up an FIMI
  • The total investment amount must no less than RMB 20 million (roughly US$ 3 million or EUR 2.27 million);
Juha Lassila

China's 12th Five-Year Plan for National Economic and Social Development provides a gli... - 0 views

  • establishes industrial goals
  • dentifies key growth industries
  • nine key industries:
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  • equipment manufacturing; shipbuilding; automobiles; iron and steel; non-ferrous metals; building materials; petroleum and chemicals; light industry; and textiles
  • seven strategic industries:
  • energy-efficiency and environmental protection; new-generation information technology; biology; high-end equipment manufacturing; renewable energy; new materials; and new-energy cars. The Plan aims to improve Chinese companies' competitiveness in the world market.
  • Companies active in the industries identified for special treatment by Chinese central planning should be aware that the Plan may result in increased subsidization by the Chinese government in these areas, affecting trade flows and product competitiveness.
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