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Chinese Law

Chinese Law Is Not An Ass, At Least For Western Companies.
2008-03-28 17:55:00
The Off The Record Blog (a really good blog, BTW) just did a short, sweet, blunt post on the law in China that is only half right. The post is entitled, the "The Law is an ass and there you have it." It consists of the following quote from "a prominent Chinese lawyer during a private discussion about China’s new Labor Law": “The problem with Western companies in China is that you think laws are about compliance; Chinese companies realise they are just obstacles to be avoided.” In fact, that is only half the problem. The problem is that BOTH the Chinese lawyer and the Western companies are acting rationally and correctly. The Western company has to comply because it will be an easy target if it does not. The Chinese company, on the other hand, can game the system and probably do just fine. There is also a flip side to this. I had lunch earlier this week with co-blogger Steve Dickinson and Ben Dietz, who just this week joined my firm and who handles US side legal wor...
How To Learn Chinese Law. Do Try This At Home.
2008-02-14 17:28:00
A few weeks ago, I received an email from a Chinese-American, fluent in both English and Chinese, asking how he should go about learning Chinese law and Chinese legal terms so as to be better prepared for securing a paralegal job. In his initial email, this person asked me not to name him on the blog, a request I found pretty strange because I saw absolutely nothing in his request that would be "blog-worthy." However, upon receiving co-blogger Steve Dickinson's response to this person, I instantly realized I had a blog post on my hands. So here goes. Here is my suggestion on how to get familiar with legal Chinese. It is certainly difficult, but this is the method I suggest. 1. You have to select a place to start. It is all difficult, so you should just do your best. What you want is a law or regulation that is in Chinese but also has a very good English language translation. For the area you are interested in, I would suggest the Company Law and then the regulations on foreign...
Inherent Limitations On Chinese Law: Poor People Need Not Apply.
2008-01-09 21:20:00
And the sign said anybody caught trespassin' would be shot on sight So I jumped on the fence and-a yelled at the house, "Hey! What gives you the right?" "To put up a fence to keep me out or to keep mother nature in" "If God was here he'd tell you to your face, Man, you're some kinda sinner." China Business Law Blog has an interesting post, entitled, "Migrant Workers Self Help: Extreme Edition," on how poor people in China can be shut out of legal proceedings. Nothing terribly surprising here, because, as far as I know, this goes on in virtually every country, but well worth noting nonetheless. Problem is that as China's wealth and the importance of its laws continues to increase, poor people are likely to become increasingly marginalized in terms of their legal rights. Like everywhere else, good lawyers in China are not cheap. China Business Law Blog rightly posits that when China's poor cannot afford justice in the courts, they will resort to self help: For want of...
Interim Measures on the Establishment of Chinese-foreign Equity Joint Resea
2007-12-18 12:39:00
Promulgated by the State Science and Technology Commission on September 10,1997 Chapter I General Provisions Article 1 These Measures are formulated in accordance with the provisions of Article 36 of the Law of the People’s Republic of China on Progress of Science and Technology for the purposes of safeguarding the lawful rights and interests of Chinese-foreign (overseas) ...
Circular of the Ministry of Finance and the State Administration of Taxatio
2007-12-18 12:38:00
CaiShuiZi [1999] No.45 May 27, 1999 Finance departments (bureaus), state and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan: In order to carry out the Law of People’s Republic of China on the Progress of Science and Technology and the Law of People’s ...
Regulations of the People?s Republic of China on the Customs Protection of
2007-12-18 12:36:00
Decree [1995] No.179 of the State Council July 5, 1995 Chapter I General Provisions Article 1 These Regulations are formulated in accordance with relevant laws of the People’s Republic of China, in order to enforce Customs protection of intellectual property rights, promote with foreign countries economic, trade, technological and cultural exchanges and safeguard social and public interests. Article ...
Procedures Concerning Taxation on the Transportation Revenue of Vessels of
2007-12-06 00:57:00
(Approved by the State Council on September 18, 1996, promulgated by the Ministry of Finance and the State Taxation Administration on October 24, 1996) Article 1These Procedures are formulated in accordance with the provisions of the “Income Tax Law of the People’s Republic of China for Enterprises with Foreign Investment and Foreign Enterprises”, “Law of the People’s ...
Supplementary Provisions to Several Provisions Concerning the Investment Ma
2007-12-06 00:48:00
Approved by the State Council on September 2,1997 and promulgated by Decree [1997] No.2 of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce In order to strengthen the administration of investment contributions made by investors of foreign investment enterprises (including those foreign investment enterprises established by purchasing assets ...
Interim Provisions of the State Administration for Industry and Commerce Co
2007-12-06 00:45:00
GongShangQiZi [1987] No.38 February 17, 1987 Article 1 According to the Law of the People’s Republic of China on Chinese and Foreign Equity Joint Ventures and Rules for the Implementation of the Law of the People’s Republic of China on Chinese and Foreign Equity Joint Ventures, the regulations are formulated in order to clarify the proportion ...
Reply of the Department of Enterprise Registration of the State Administrat
2007-12-06 00:42:00
GongShangQiWaiZi [1987] No.54 September 17, 1987 Commission of Foreign Trade and Economic Cooperation of Tianjin: Your Letter Requesting for Instructions on the Interpretation of Article 5 of the Interim Provisions of the State Administration for Industry and Commerce on the Registered Capital and Proportion of Total Investment of Chinese-foreign Equity Joint Ventures has been transferred here by ...
Circular of the Ministry of Foreign Trade and Economic Cooperation and the
2007-12-06 00:41:00
FaFa [1990] No.22 of MOFTEC September 13, 1990 (Circular omitted) Attachment: The Provisions for Contracted Operation of Chinese-foreign Equity Joint Ventures The following regulations on contracted operation of Chinese-foreign equity joint ventures (hereinafter referred to as joint ventures) are aimed at guaranteeing the normal development of these enterprises. Article 1 Definition of contracted operation The contracted operation mentioned in these ...
Circular of the Ministry of Foreign Trade and Economic Cooperation on Issui
2007-12-06 00:38:00
WaiJingMaoFaZi [1990] No.56 Article 1 These Provisions are formulated in accordance with the provisions of Article 12 of the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures (Amended at the Third Session of the Seventh National People’s Congress on April 4, 1990). Article 2 As regards the establishment of Chinese-foreign equity joint ventures ...
Interim Procedures for the Experiment in the Establishment of Chinese-forei
2007-12-06 00:37:00
Interim Procedures for the Experiment in the Establishment of Chinese-foreign Joint Venture Foreign Trade Companies Article 1 These Procedures are formulated in accordance with “The Foreign Trade Law of the People’s Republic of China”, “The Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures” as well as other relevant laws and regulations with ...
Interim Regulations on the Archive Management of the Enterprises with Forei
2007-11-30 02:53:00
Promulgated by the Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission and the State Archives Bureau on December 29, 1994 Article 1 This set of regulations are formulated in accordance with the “Archive Law of the People’s Republic of China” and relevant State laws and regulations in concern with archives of ...
Supplementary Provisions to Measures of the Ministry of Foreign Trade and E
2007-11-30 02:50:00
Promulgated by the Ministry of Foreign Trade and Economic Cooperation on March 2, 1992 To improve the system of examination and confirmation of the two types of enterprises, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) hereby promulgates the following supplements for its “Measures for the Implementation of Examination and Confirmation of Products Export Enterprises ...
Interim Regulations on Investment-oriented Companies in China Established b
2007-11-30 02:49:00
Decree [1995] No.4 of the Ministry of Foreign Trade and Economic Cooperation April 4, 1995 In order to promote foreign investment in China, introduce advanced overseas technology and managerial expertise, foreign businesses are allowed to set up investment oriented companies (referred hereinafter as investment companies) in China according to relevant Chinese laws and regulations on foreign ...
Principles for Approval and Essentials for Examination of the Moftec to Con
2007-11-30 02:46:00
October 5, 1993 To strengthen the control of approvals to enterprises with foreign investment, the following principles for approval and essentials for examination to contracts and articles of association of enterprises with foreign investment, as well as the contents of the approval have been enacted: 1. Basic principles for examining and approving contracts and articles of association: (1) ...
Measures for Liquidation of Enterprise with Foreign Investment
2007-11-30 02:44:00
Decree [1996] No.2 of the Ministry of Foreign Trade and Economic Cooperation July 9, 1996 Chapter I General Provisions Article 1 These Measures are formulated, according to provisions of relevant laws, for the purposes of guaranteeing the smooth conduction of liquidation of enterprise with foreign investment, protecting the legitimate rights and interests of creditors and investors and ...
Interim Measures for the Administration of Examinations for Educational Pur
2007-11-30 02:42:00
Promulgated by the State Education Commission on May 10, 1996 Article 1 These Measures are formulated for the purpose of standardizing and strengthening administration of examinations for educational purposes held jointly by Chinese and foreign institutions in accordance with Article 20 of the “Education Law of the People’s Republic of China”. Article 2 “Examinations for educational purposes ...
Electric Power Law of the People?s Republic of China
2007-11-15 15:18:00
Content Chapter IGeneral Provisions Chapter IIConstruction of Electric Power Chapter IIIProduction of Electric Power and Management of Power Networks Chapter IVSupply and Utilization of Electric Power Chapter VElectricity Price and Electricity Fee Chapter VIRural Electric Power Construction and Agricultural Use of Chapter VIIProtection of Electric Facilities Chapter VIIISupervision and Inspection Chapter IXLegal Responsibility Chapter XSupplementary Provisions Appendix:Related Articles in the Criminal Law (Adopted at the 17th Meeting ...
Law of the People?s Republic of China on Township Enterprises
2007-11-15 14:55:00
(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29,1996, promulgated by Order No. 76 of the President of the People’s Republic of China on October 29,1996) Article 1 This Law is enacted for the purpose of facilitating and guiding the sound and sustained development of township enterprises, ...
Circular of the State Council Concerning the Issuance of the Quality Invigo
2007-11-15 14:52:00
(December 24, 1996) Full Text The Quality Invigoration Programme (1996-2010) is hereby distributed for your earnest implementation. APPENDIX: THE QUALITY INVIGORATION PROGRAMME (1996-2010) The Quality Invigoration Programme (1996-2010) is promulgated for the purpose of implementing the Ninth Five-Year Plan and the 2010 Programme of Prospective Objectives of the National Economy and Social Development of the People’s Republic of China, ...
Energy Conservation Law of the People?s Republic of China
2007-11-15 14:34:00
(Adopted at the 28th Meeting of the Standing Committee of the Eighth National People’s Congress on November 1, 1997 and promulgated by Order No. 90 of the President of the People’s Republic of China on November 1, 1997) Contents Chapter I General Provisions Chapter IIEnergy Conservation Administration Chapter III Rational Energy Utilization Chapter IVTechnological Progress in Energy Conservation Chapter V Legal ...
Law of the People?s Republic of China on Tobacco Monopoly
2007-11-15 13:56:00
(Adopted at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress and promulgated by Order No.46 of the President of the People’s Republic of China on June 29, 1991) Contents Chapter I General Provisions Chapter II Plantation, Purchase and Allocation of Leaf Tobacco Chapter III Production of Tobacco Products Chapter IV Sale and Transportation of Tobacco ...
Pharmaceutical Administration Law of the People?s Republic of China 2000-02
2007-11-15 10:37:00
Order of the President of the People’s Republic of China [No.45] The Pharmaceutical Administration Law of the People’s Republic of China has been revised at the Twentieth Meeting of the Standing Committee of the Ninth National People’s Congress on February 28, 2000, and now promulgated the revised edition of the Pharmaceutical Administration Law of the People’s ...
Seed Law of the People?s Republic of China 2000-07-08
2007-11-15 10:34:00
Order of the President of the People’s Republic of China [No.34] The Seed Law of the People’s Republic of China, adopted at the 16th Meeting of the Standing Committee of the Ninth National People’s Congress on July 8, 2000, is now promulgated and shall go into effect as of December 1, 2000. Jiang Zemin, President of the ...
Coal Law of the People?s Republic of China 1996-08-29
2007-11-15 10:31:00
Order of the President of the People’s Republic of China [No.75] The Coal Law of the People’s Republic of China which has been adopted at the 21st Meeting of the Standing Committee of the Eighth National People’s Congress on August 29, 1996 is hereby promulgated, and shall enter into force as of December 1, 1996. President of ...
Forest Law of The People?s Republic of China 1984-09-20
2007-11-13 00:48:00
(Passed by the Seventh Session of the Standing Committee of the Sixth National People’s Congress on September 20, 1984 and Revised in Line with the Decision on the Revision of the Forest Law of the People’s Republic of China of the Second Session of the Ninth National People’s Congress on April 29, 1998) Chapter One General ...
Standardization Law of the People?s Republic of China 1989-04-01
2007-11-13 00:47:00
CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FORMULATION OF STANDARDS CHAPTER III IMPLEMENTATION OF STANDARDS CHAPTER IV LEGAL RESPONSIBILITY CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product quality, increasing social and economic benefits, safeguarding the interests of the state and the people ...
Surveying and Mapping Law of the PRC 1993-07-01
2007-11-13 00:45:00
CHAPTER I GENERAL PROVISIONS CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION CHAPTER IV BOUNDARY SURVEYING AND MAPPING CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS CHAPTER VI PROTECTION OF SURVEYING MARKERS CHAPTER VII LEGAL RESPONSIBILITY CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 1 This Law is formulated to ensure the smooth development of the ...
Railway Law of the People?s Republic of China 1991-05-01
2007-11-13 00:43:00
CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II RAILWAY TRANSPORT BUSINESS CHAPTER III RAILWAY CONSTRUCTION CHAPTER IV SAFETY AND PROTECTION OF RAILWAYS CHAPTER V LEGAL RESPONSIBILITY CHAPTER VI SUPPLEMENTARY PROVISIONS Article 1 This Law is formulated for the purpose of ensuring smooth progress of railway transport and railway construction in order to meet the demands of socialist modernization and people’s livelihood. Article 2 Railways ...
Fisheries Law of the People?s Republic of China 1986-07-01
2007-11-13 00:38:00
(Adopted at the 14th Meeting of the Standing Committee of the National People’s Congress and promulgated by Order No. 34 of the President of the People’s Republic of China on January 20, 1986, and effective as of July 1, 1986) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II AQUACULTURE CHAPTER III FISHING CHAPTER IV INCREASE AND PROTECTION OF FISHERY RESOURCES CHAPTER V ...
Statistics Law of the People?s Republic of China 1984-01-01
2007-11-13 00:37:00
CHAPTER I GENERAL PROVISIONS CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL SYSTEM CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS CHAPTER V LEGAL RESPONSIBILITY CHAPTER VI SUPPLEMENTARY PROVISIONS Article 1 This Law is formulated in order to organize statistical work in an effective and scientific manner, to ensure accuracy and timeliness ...
Metrology Law of the People?s Republic of China 1986-07-01
2007-11-13 00:36:00
CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PRIMARY STANDARD INSTRUMENTS OF MEASUREMENT, STANDARD INSTRUMENTS OF MEASUREMENT AND METROLOGICAL VERIFICATION CHAPTER III ADMINISTRATIVE CONTROL OF MEASURING INSTRUMENTS CHAPTER IV METROLOGICAL SUPERVISION CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated to strengthen the metrological supervision and administration, to ensure the uniformity of the national system ...
Advertisements Law of the People?s Republic of China 1995-02-01
2007-11-13 00:33:00
Adopted at the 10th session of the standing committee of the Eighth National People’s Congress on October 27, 1994, promulgated by Order No. 34 of the President of the People’s Republic of China on October 27, 1994, and effective as of February 1, 1995. Chapter I General Provisions Article 1 This law is formulated to regulate advertising ...
People?s Police Law of the People?s Republic of China
2007-11-12 03:20:00
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28, 1995 and promulgated by Order No. 40 of the President of the People’s Republic of China on February 28, 1995) Contents Chapter I General Provisions Chapter II Functions and Powers Chapter III Obligations and Discipline Chapter IV Organization and Administration Chapter V Guarantee ...
Law of the People?s Republic of China on Physical Culture and Sports
2007-11-12 03:18:00
(Adopted at the 15th Meeting of the Standing Committee of the Eighth National People’s Congress on August 29,1995 and promulgated by Order No. 55 of the President of the People’s Republic of China on August 29, 1995) Contents Chapter I General Provisions Chapter II Social Sports Chapter III School Sports Chapter IV Competitive Sports Chapter V Public Sports Organizations Chapter VI Conditions ...
Law of the People?s Republic of China Against Unfair Competition
2007-11-12 03:16:00
(Adopted at the Third Meeting of the Standing Committee of the Eighth National People’s Congress on September 2, 1993 and promulgated by Order No.10 of the President of the People’s Republic of China on September 2, 1993) Contents Chapter I General Provisions Chapter II Acts of Unfair Competition Chapter III Supervision and Inspection Chapter IV Legal Responsibility Chapter V Supplementary Provisions Chapter ...
Law of the People?s Republic of China on the Protection of Consumer Rights
2007-11-12 03:12:00
(Adopted at the Fourth Meeting of the Standing Committee of the Eighth National People’s Congress and promulgated by Order No.11 of the President of the People’s Republic of China on October 31, 1993) Contents Chapter I General Provisions Chapter II Rights of Consumers Chapter III Obligations of Business Operators Chapter IV Protection of Legitimate Rights and Interests of Consumers by ...
Law of the People?s Republic of China on Product Quality
2007-11-12 03:09:00
(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People’s Congress on February 22, 1993 and promulgated by the Order No. 71 of the President of the People’ s Republic of China on February 22, 1993, amended in accordance with the Decision of the Standing Committee of the Ninth National People’s ...
Advertisement Law of the People?s Republic of China
2007-11-12 03:07:00
(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People’s Congress on October 27, 1994 and promulgated by Order No. 34 of the President of the People’s Republic of China on October 27, 1994) Contents Chapter I General Provisions Chapter II Norms for Advertisements Chapter III Advertising Activities Chapter IV Examination of Advertisements Chapter V Legal Responsibility Chapter ...
Population and Family Planning Law of the People?s Republic of China
2007-11-12 03:05:00
(Adopted at the 25th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 2001 and promulgated by Order No. 63 of the President of the People’s Republic of China on December 29, 2001) Contents Chapter I General Provisions Chapter II Formulation and Implementation of Plans for Population Development Chapter III Regulation of Reproduction Chapter IV ...
The Government Procurement Law of the People?s Republic of China
2007-11-12 03:03:00
(Adopted at the 28th Meeting of the Standing Committee of the Ninth National People’s Congress on June 29, 2002 and promulgated by Order No. 68 of the President of the People’s Republic of China on June 29, 2002) Contents Chapter I General Provisions Chapter II Parties to Government Procurement Chapter III Methods of Government Procurement Chapter IV Government Procurement Proceedings Chapter ...
Law of the People?s Republic of China on Protecting Against and Mitigating
2007-11-11 16:37:00
(Adopted at the 29th Meeting of the Standing Committee of the Eighth National People’s Congress on December 29, 1997, promulgated by Order No. 94 of the President of the People’s Republic of China on December 29, 1997) Contents Chapter I General Provisions Chapter II Earthquake Monitoring and Prediction Chapter III Protection Against Earthquake Disasters Chapter IV Measures for Earthquake Emergencies Chapter ...
Law of the People?s Republic of China on Protection of the Rights and Inter
2007-11-11 16:33:00
(Adopted at the 21st Meeting of the Standing Committee of the Eight National People’s Congress on August 29, 1996 and promulgated by Order No. 73 of the President of the People’s Republic of China on August 29, 1996) Contents Chapter I General Provisions Chapter II Maintenance and Support by Families Chapter III Social Security Chapter IV Participation in Social Development Chapter ...
Law of the People?s Republic of China on the Protection of Investment of Ta
2007-11-11 15:11:00
(Adopted at the Sixth Meeting of the Standing Committee of the Eighth National People’s Congress on March 5, 1994 and promulgated by Order No.20 of the President of the People’s Republic of China on March 5, 1994) Article 1 This Law is formulated for the purpose of protecting and encouraging investment of Taiwan compatriots, and promoting ...
Law of the People?s Republic of China on Popularization of Science and Tech
2007-11-11 14:58:00
The Law of the People’s Republic of China on Popularization of Science and Technology, adopted at the 28th Meeting of the Ninth National People’s Congress of the People’s Republic of China on June 29, 2002, is hereby promulgated and shall go into effect as of the date of promulgation.? Jiang Zemin- President of the People’s Republic of ...
Law of the PRC of Industrial Enterprises Owned by the Whole People 1988-08-
2007-11-11 14:55:00
(Adopted at the First Session of the Seventh National People’s Congress and promulgated by Order No. 3 of the President of the People’s Republic of China on April 13, 1988, and effective as of August 1, 1988) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II THE ESTABLISHMENT, MODIFICATION AND TERMINATION OF THE ENTERPRISE CHAPTER III RIGHTS AND OBLIGATIONS OF THE ...
Fire Protection Law of the People?s Republic of China
2007-11-08 01:39:00
(Adopted at the 2nd Meeting of the Standing Committee of the Ninth National People’s Congress on April 29, 1998 and promulgated by Order No. 4 of the President of the People’s Republic of China on April 29, 1998) Contents Chapter I General Provisions Chapter II Fire Prevention Chapter III Fire Protection Organizations Chapter IV Fire Fighting and Rescuing Chapter V Legal ...
Law of the People?s Republic of China on Prevention and Control of Pollutio
2007-11-08 01:37:00
(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress on October 29, promulgated by Order No. 77 of the President of the People’s Republic of China on October 29, and effective as of March 1, 1997) CHAPTER I GENERAL PROVISIONS Article 1 This Law is enacted for the purpose of preventing ...
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