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China Business Laws and Regulations

Book Description

All laws and regulations for people doing busines with and within China.

Table of Contents

  1. Copyright
  2. I. Trade
    1. I. Foreign Trade Law of The People’s Republic of China
      1. General Provisions
      2. Foreign Trade Dealers
      3. Import and Export of Goods and Technologies
      4. International Trade in Services
      5. Protection of Trade-Related Aspects of Intellectual Property Rights
      6. Foreign Trade Order
      7. Foreign Trade Investigation
      8. Foreign Trade Remedies
      9. Foreign Trade Promotion
      10. Legal Liabilities
      11. Supplementary Provisions
    2. II. Special Maritime Procedure Law of the People’s Republic of China
      1. General Provisions
      2. Jurisdiction
      3. Maritime Claims Preservation
      4. Maritime Injunction
      5. Maritime Evidence Preservation
      6. Maritime Guarantee
      7. Service
      8. Trial Procedures
      9. Procedures for Constituting a Limitation Fund for Maritime Claims Liability
      10. Procedures for Registering Creditors’ Rights and Repayment of Debt
      11. Procedures for Publicizing Notice for Assertion of Maritime Liens
      12. Supplementary Provisions
    3. III. Customs Law of the People’s Republic of China
      1. General Provisions
      2. Ships
      3. Crew
      4. Contract of Carriage of Goods by Sea
      5. Contract of Carriage of Passengers by Sea
      6. Charter Parties
        1. Contract of Sea Towage
      7. Collision of Ships
      8. Salvage at Sea
      9. General Average
      10. Limitation of Liability for Maritime Claims
      11. Contract of Marine Insurance
      12. Limitation of Time
      13. Application of Law in Relation to Foreign-related Matters
      14. Supplementary Provisions
    4. IV. Customs Law of the People’s Republic of China
      1. General Provisions
      2. Inward and Outward Means of Transport
      3. Inward and Outward Goods
      4. Inward and Outward Articles
      5. Customs Duties
      6. Legal Responsibility
      7. Supplementary Provisions
    5. V. China Maritime Arbitration Commission Arbitration Rules
      1. General Provisions
      2. Arbitration Proceedings
      3. Summary Procedure
      4. Supplementary Provisions
    6. VI. Rules for the Implementation of Administrative Punishments Under the Customs Law of the People’s Republic of China
      1. General Provisions
      2. Smuggling Acts and their Punishments
      3. Acts Violating Regulations on Customs Control and the Punishments
      4. Handling of the Smuggling Acts and Acts Violating Regulations on Customs Control
      5. Supplementary Provisions
    7. VII. Customs Regulations of the People`s Republic of China for the Control over Import and Export Goods in National High and New TechnologyIndustry Development Zones
      1. General Provisions
    8. VIII. Administrative Rules of the Customs of the People`s Republic of China for the Goods Entering and Leaving the Economic and Technological Development Zones
      1. General Provisions
    9. IX. Law of the People’s Republic of China on Import and Export Commodity Inspection
      1. General Provisions
      2. Inspection of Import Commodities
      3. Inspection of Export Commodities
      4. Inspection of Export Commodities
      5. Legal Responsibility
      6. Supplementary Provisions
  3. II. Company
    1. I. The Company Law of the People’s Republic of China
      1. General Provisions
      2. Incorporation and Organization of a Limited Liability Company
      3. Transfer of Stock Rights of a Limited Liability Company
      4. Incorporation and Organization of a Joint Stock Limited Company
      5. Issuance and Transfer of Shares of a Joint Stock Limited Company
      6. Qualifications and Obligations of the Directors, Supervisors and Senior Managers of a Company
      7. Corporate Bonds
      8. Financial Affairs and Accounting of a Company
      9. Merger and Division of Company, Increase and Reduction of Registered Capital
      10. Dissolution and Liquidation of a Company
      11. Branches of Foreign Companies
      12. Legal Liabilities
      13. Supplementary Provisions
    2. II. Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures
      1. General Provisions
    3. III. Law of the People’s Republic of China on Enterprises with Foreign Capital
      1. General Provisions
    4. IV. Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Ventures
      1. General Provisions
    5. V. The Law on Accountancy of the People’s Republic of China
      1. General Principles
      2. Accounting Computation
      3. Special Provisions on Accounting Computation for Companies and Enterprises
      4. Accounting Supervision
      5. Accounting Offices and Accounting Personnel
      6. Legal Liability
      7. Supplementary Provisions
    6. VI. Law of the People’s Republic of China on Partnership Enterprises
      1. General Provisions
      2. Establishment of Partnership Enterprises
      3. Partnership Enterprises’Property
      4. Execution of Partnership Enterprise Affairs
      5. Relations of Partnership Enterprises to Third Parties
      6. Entering into and Withdrawing from Partnerships
      7. Disbandment and Liquidation of Partnership Enterprises
      8. Legal Liability
      9. Supplementary Provisions
    7. VII. Provisions on the Relevant Issues Concerning the Implementation of the Accounting Regulations for Enterprises by Enterprises with Foreign Investment
      1. General Provisions
    8. VIII. Rules for the Implementation of the Law of the People’s Republic of China on Foreign-capital Enterprises
      1. General Provisions
      2. Establishment Procedures
      3. Form of Organization and Registered Capital
      4. Form of Investments and Time Limit for Contributing Investments
      5. Use of Land and the Land Use Fee
      6. Purchasing and Marketing
      7. Taxation
      8. Foreign Exchange Control
      9. Financial Management and Accounting
      10. Workers and Staff Members
      11. Trade Union
      12. Duration (Operating Period), Termination and Liquidation
      13. Supplementary Provisions
    9. IX. Measures of the People’s Republic of China for the Administration of Partnership Enterprise Registration
      1. General Provisions
      2. Registration for the Establishment
      3. Change(s) in Registration
      4. Nullification of Registration
      5. Registration of Branch Office(s)
      6. Annual Inspection and License Management
      7. Legal Liability
      8. Supplementary Provision
    10. X. Measures for Liquidation of Enterprise with Foreign Investment
      1. General Provisions
      2. Ordinary Liquidation
      3. Special Liquidation
      4. Legal Liability
      5. Supplementary Provisions
    11. XI. Rules for the Implementation of the Law of People’s Republic of China on Chinese-foreign Contractual Joint Ventures
      1. General Provisions
      2. Establishment of the Joint Ventures
      3. Organization and Registered Capital
      4. Investment and Cooperative Means
      5. Organizational Setup
      6. Purchase of Goods and Materials and Sales of Products
      7. Distribution of Incomes and Recovery of Investment
      8. Operation Team and Dissolution of the Joint Venture
      9. Special Provisions on Joint Ventures without Legal Person Status
      10. Supplementary Provisions
    12. XII. Regulations of the People’s Republic of China on Administration of Registration of Companies
      1. General Provisions
      2. Jurisdiction of Registration
      3. Items for Registration
      4. Registration of Establishment
      5. Registration of Alteration
      6. Registration of Cancellation
      7. Registration of Branch Companies
      8. Procedures for Registration
      9. Annual Reviews
      10. Administration of Licences and Archives
      11. Legal Liability
      12. Supplementary Provisions
    13. XIII. Provisions of the Ministry of Foreign Economic Relations and Trade, the State Administration for Industry and Commerce Concerning the Investments Made by the Various Parties of Chinese-foreign Equity Joint Ventures
      1. General Provisions
    14. XIV. Supplementary Provisions to Several Provisions Concerning the Investment Made by the Various Parties to Chinese-foreign Equity Joint Ventures
      1. General Provisions
    15. XV. Measures for Administration of Registration of Resident Representative Offices of Foreign Enterprises
      1. General Provisions
    16. XVI. Securities Law of the People’s Republic of China
      1. General Provisions
      2. Issuance of Securities
      3. Transaction of Securities
      4. On-going Information Disclosure
      5. Prohibited Trading Acts
      6. Stock Exchanges
      7. Securities Companies
      8. Securities Registration and Clearing Institutions
      9. Securities Trading Service Institutions
      10. Securities Industry Association
      11. Securities Regulatory Bodies
      12. Legal Liabilities
      13. Supplementary Articles
  4. III. Taxation
    1. I. Individual Income Tax Law of the People’s Republic of China
      1. General Provisions
    2. II. Provisional Regulations of the People’s Republic of China on Value-added Tax
      1. General Provisions
    3. III. The Circular of the State Administration of Taxation on Enterprise Income Tax Credit of Enterprises with Foreign Investment and Foreign Enterprises Purchasing Domestic Equipment for Investment
      1. General Provisions
    4. IV. Circular of the Ministry of Finance and the State Administration of Taxation on Adjusting the Export Rebate Rates
      1. General Provisions
    5. V. Circular on the Question Concerning the Levy of Stamp Tax on Enterprise with Foreign Investment and Foreign Enterprises
      1. General Provisions
    6. VI. Regulations on the Implementation of the Individual Income Tax Law of the People’s Republic of China
      1. General Provisions
    7. VII. Interim Regulations of the People’s Republic of China on Consumption Tax
      1. General Provisions
    8. VIII. Measures of the People’s Republic of China on Control over and Taxation for Import and Export Goods of Enterprises with Foreign Investment
      1. General Provisions
      2. Procedures for the Recording of Customs Clearance Basis
      3. Provisions on Taxing Import and Export Goods
      4. Management, Verification and Cancellation of Bonded Imported Materials and Parts
      5. Mortgage, Bankruptcy and Liquidation
      6. Supplementary Provisions
    9. IX. Rules for the Implementation of the Income Tax Law of the People’s Republic of China for Enterprises With Foreign Investment and Foreign Enterpris
      1. General Provisions
      2. Computation of Taxable Income
      3. Tax Treatment for Assets
      4. Business Dealings Between Associated Enterprises
      5. Withholding at Source
      6. Tax Preferences
      7. Tax Credits
      8. Tax Administration
      9. Supplementary Provisions
    10. X. Enterprise Income Tax Law of the People's Republic of China
      1. General Rules
      2. Taxable Income Amount
      3. Payable Tax Amount
      4. Preferential Tax Treatments
      5. Withholding by Sources
      6. Special Adjustments to Tax Payments
      7. Administration of Tax Levy
      8. Supplementary Rules
  5. IV. Intellectual Property
    1. I. Copyright Law of the People’s Republic of China
      1. General Provisions
      2. Copyright
      3. Copyright Licensing and Assignment Contracts
      4. Publication, Performance, Sound Recording, Video Recording and Broadcasting
      5. Legal Liabilities and Enforcement Measures
      6. Supplementary Provisions
    2. II. Trademark Law of the People’s Republic of China
      1. General Provisions
      2. AppIication for Trademark Registration
      3. Examination for and ApprovaI of Trademark Registration
      4. Renewal, Assignment and Licensing of Registered Trademarks
      5. Adjudication of Disputes Concerning Registered Trademarks
      6. Administration of the Use of Trademarks
      7. Protection of the Exclusive Rights to Use Registered Trademarks
      8. Supplementary Provisions
    3. III. Patent Law of the People’s Republic of China
      1. General Provisions
      2. Requirements for Grant of Patent Right
      3. Application for Patent
      4. Examination and Approval of Application for Patent
      5. Duration, Cessation and Invalidation of Patent Right
      6. Compulsory License for Exploitation of Patent
      7. Protection of Patent Right
      8. Supplementary Provisions
    4. IV. Law of the People’s Republic of China on Promoting the Transformation of Scientific and Technological Achievements
      1. General Provisions
      2. Arrangements for Implementation
      3. Guarantee Measures
      4. Technological Right and Interests
      5. Legal Responsibility
      6. Supplementary Provisions
    5. V. Law of the People’s Republic of China on Science and Technology Progress
      1. General Provisions
      2. Science and Technology in Economic Construction and Social Development
      3. High-tech Research and High-tech Industries
      4. Basic Research and Applied Basic Research
      5. Research and Development Institutions
      6. Scientific and Technical Workers
      7. General Provisions
      8. Science and Technology Awards
      9. Legal Liability
      10. Supplementary Provisions
    6. VI. Regulation for the Implementation of the Trademark Law of the People’s Republic of China
      1. General Provisions
      2. General Provisions
      3. Examination of Applications for Trademark Registration
      4. Alteration, Transfer and Renew of Registered Trademarks
      5. Trademark Appraisal
      6. Administration of the Use of Trademarks
      7. Supplementary Provisions
    7. VII. Regulation on the Implementation of the Copyright Law of the People’s Republic of China
      1. General Provisions
    8. VIII. Rules for the Implementation of the Patent Law of the People’s Republic of China
      1. General Provisions
      2. Application for Patent
      3. Examination and Approval of Application for Patent
      4. Reexamination of Patent Applications and Invalidation of Patent Rights
      5. Compulsory License for Exploitation of Patent
      6. Rewards and Remuneration to Inventor or Designer of Service Invention-creation
      7. Protection of Patent Rights
      8. Patent Registration and Patent Gazette
      9. Fees
      10. Special Provisions on International Application
      11. Supplementary Provisions
    9. IX. Regulation for Computer Software Protection
      1. General Provisions
      2. Software Copyright
      3. Licensing and Transfer of Software Copyright
      4. Legal Responsibility
      5. Supplementary Provisions
    10. X. Provisions on the Implementation of the International Copyright Treaties
      1. General Rules
    11. XI. Regulations on Patent Commissioning
      1. General Provisions
      2. Patent Agencies
      3. Patent Agents
      4. Penalty Provisions
      5. Supplementary Provisions
  6. V. Contract
    1. I. Contract Law of the People’s Republic of China
      1. General Provisions
      2. Formation of Contracts
      3. Validity of Contracts
      4. Performance of Contracts
      5. Amendment and Assignment of Contracts
      6. Discharge of Contractual Rights and Obligations
      7. Liabilities for Breach of Contracts
      8. Other Provisions
      9. Sales Contracts
      10. Contracts for Supply of Power, Water, Gas , Or Heat
      11. Gift Contracts
      12. Contracts for Loan of Money
      13. Leasing Contracts
      14. Financial Leasing Contracts
      15. Contracts of Hired Works
      16. Contracts for Construction Projects
      17. Carriage Contracts
      18. Technology Contracts
      19. Safekeeping Contracts
      20. Warehousing Contracts
      21. Agency Appointment Contracts
      22. Trading-Trust Contracts
      23. Brokerage Contracts
    2. II. Guarantee Law of the People’s Republic of China
      1. General Provisions
      2. Guaranty
      3. Mortgage
      4. Pledge
      5. Lien
      6. Deposit
      7. Supplementary Provisions
    3. III. Measures for Administration of Guarantees Overseas by Institutions within the Chinese Territory
      1. General Provisions
  7. VI. Labour
    1. I. Labour Law of the People’s Republic of China
      1. General Provisions
      2. Promotion of Employment
      3. Labor Contracts and Collective Contracts
      4. Working Hours, Rest and Vacations
      5. Wages
      6. Occupational Safety and Health
      7. Special Protection for Female and Juvenile Workers
      8. Vocational Training
      9. Social Insurance and Welfare
      10. Labor Disputes
      11. Supervision and Inspection
      12. Legal Responsibility
      13. Supplementary Provisions
    2. II. Regulations on Unemployment Insurance
      1. General Provisions
      2. Unemployment Insurance Funds
      3. Unemployment Insurance Benefits
      4. Management and Supervision
      5. Penalty Provisions
      6. Supplementary Provisions
    3. III. Interim Regulations on the Collection and Payment of Social Insurance Premiums
      1. General Provisions
      2. Collection and Payment Management
      3. Supervision and Inspection
      4. Penalty Provisions
      5. Supplementary Provisions
    4. IV. Provisions on Administration of Employment of Foreigners in China
      1. General Provisions
      2. Employment Permission
      3. Application and Examination and Approval
      4. Labour Management
      5. Penalty Provisions
      6. Supplementary Provisions
    5. V. Regulations of the People’s Republic of China on Settlement of Labour Disputes in Enterprises
      1. General Provisions
      2. Mediation in Enterprises
      3. Arbitration
      4. Rules of Punishment
      5. Supplementary Provisions
    6. VI. Law of the People’s Republic of China on Employment Contracts
      1. General Provisions
      2. Conclusion Of Employment Contracts
      3. Performance And Amendment Of Employment Contracts
      4. Termination And Ending Of Employment Contracts
      5. Special Provisions
      6. Monitoring Inspections
      7. Legal Liability
      8. Supplementary Provisions
  8. VII. Product & Consumer
    1. I. Labour Law of the People’s Republic of China
      1. General Principles
      2. Supervision and Control of Product Quality
      3. Responsibilities and Obligations of Producers and Sellers
      4. Compensation for Damage
      5. Penalty Provisions
      6. Supplementary Provisions
    2. II. Advertisement Law of the People’s Republic of China
      1. General Provisions
      2. Norms for Advertisements
      3. Advertising Activities
      4. Examination of Advertisements
      5. Legal Responsibility
      6. Supplementary Provisions
    3. III. Law of the People’s Republic of China on the Protection of Consumer Rights and Interests
      1. General Provisions
      2. Rights of Consumers
      3. Obligations of Business Operators
      4. Protection of the Legitimate Rights and Interests of Consumers by the State
      5. Consumer Organizations
      6. Settlement of Disputes
      7. Legal Responsibility
      8. Supplementary Provisions
  9. VIII. Other
    1. I. Law of the People’s Republic of China on Control of the Entry and Exit of Aliens
      1. General Provisions
      2. Entry into the Country
      3. Residence
      4. Travel
      5. Exit from the Country
      6. Administrative Organs
      7. Penalties
      8. Supplementary Provisions
    2. II. Rules for Implementation of the Law of the People’s Republic of China on Control of the Entry and Exit of Aliens
      1. Entry into the Country
      2. Inspection of the Entry and Exit Certificates
      3. Residence
      4. Registration for Lodging
      5. Travels
      6. Exit from the Country
      7. Penalties
      8. Other Provisions
    3. III. Rules for the Administration of Foreign Chambers of Commerce in the People’s Republic of China
      1. General Provisions
    4. IV. Real Right Law of the People’s Republic of China
      1. Basic Principles
      2. Creation, Alteration, Alienation and Termination of Real Right
      3. Protection of Real Right
      4. General Rules
      5. State Ownership, Collective Ownership and Private Ownership
      6. Owners’s Partitioned Ownership of Building Areas
      7. Neighboring Relationship
      8. Common Ownership
      9. Special Provisions on Acquiring Ownership
      10. General Rules
      11. Right to the Contracted Management of Land
      12. Right to Use Construction Land
      13. Right to Use House Sites
      14. Easement
      15. General Rules
      16. Mortgage Right
      17. Pledge Right
      18. Lien
      19. Possession
    5. V. Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes
      1. General Provisions
      2. Supervision and Administration of the Prevention and Control of Environmental Pollution by Solid Wastes
      3. Prevention and Control of Environmental Pollution by Solid Wastes
      4. Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Wastes
      5. Legal Liabilities
      6. Supplementary Provisions
    6. VI. Law of the People’s Republic of China on the Protection of Wildlife
      1. General Provisions
      2. Protection Of Wildlife
      3. Administration Of Wildlife
      4. Legal Responsibility
      5. Supplementary Provisions