New Chinese Laws & Regulations of April, 2012 (2)

V. The State Administration for Industry and Commerce (the “SAIC”) will Relax and Adjust the Regulations Concerning the Registration, Business Scope and Other Matters of Private Industrial and Commercial Households in Mainland of Hong Kong, Macau and Taiwan Residents

The SAIC has issued the Notice on Provisions Concerning Further Relax the Business Scope, Employees and Business Square of Hong Kong, Macau and Taiwan Residents’ Individual Industrial and Commercial Household ( the “Notice”) and the Opinions on the Administration of Taiwan Resident’s Application for Individual Industrial and Commercial Household in Part of Provinces in Mainland ( the “Opinions”), which relax and adjust the regulations concerning the registration, business scope and other matters of individual industrial and commercial household of Hong Kong, Macau and Taiwan Resident. In accordance with the new policy, from 1^st January, 2012, the Taiwan residents can apply for registration of individual industrial and commercial households in Beijing, Shanghai, Jiangsu, Zhejiang, Hubei, Guangdong, Chongqing and Sichuan, and the local administration for industry and commerce in counties, autonomous counties, cities not divided into districts and municipal cities will, without examination and approval by authorization, directly register such applications. In addition, from 1^st April, 2012, the business scope that Hong Kong, Macau and Taiwan residents’ individual industrial and commercial household can apply will be enlarged, and the employees and business square will be relaxed.

(From: http://www.saic.gov.cn/zwgk/zyfb/zjwj/gtsyjjs/201203/t20120330_125284.html

http://www.saic.gov.cn/zwgk/zyfb/zjwj/gtsyjjs/201203/t20120330_125285.html)

VI. Provisions on the Administration of the Registration of Oversea Productive Enterprises of Imported Food (the “Provisions”) Will Come into Force on 1st March, 2012.

The General Administration for Quality, Inspection and Quarantine (the “GAQIQ”) recently issued the Provisions that will come into force on 1^st March, 2012; meanwhile the Provisions on Administration of the Registration of Foreign Productive Enterprises of Imported Food issued on 14^th March, 2002 will be abolished. The Provisions will apply to the registration and supervision of the oversea productive, processing and storage enterprises that export food to China and the GAQIQ is the administrative authority. Additionally, the Provisions specify the conditions and procedure of registration, documents needed to be submitted, administration of registration and other matters.

(From: http://www.aqsiq.gov.cn/zwgk/jlgg/zjl/2011_1/201203/t20120330_212967.htm)

VII. The Supreme People’s Court Publishes the Second Batch of Guiding Cases.

After the first batch of guiding cases are published by the Supreme People’s Court on 20^th December, 2011, recently on 13^th April, 2012, the Supreme People’s Court again has published the second batch of guiding cases totaled 4 cases that includes 2 administrative cases and 2 civil cases. The No. 5 guiding case clarifies that the rules of local governments that violate laws and regulations to set permission and penalty won’t be applied by the courts in the administrative trial. The No.6 guiding case refers to the scope of hearing of administrative penalty. In civil aspect, No. 7 guiding cases involves protest, withdrawal of a suit, applicable scope of the rulings specified in Article 140 of the Civil Procedure Law of China, etc. and the No. 8 guiding case is a typical case concerning how to reasonably resolve a company’s deadlock.

(From: http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201204/t20120414_175938.htm)

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New Chinese Laws & Regulations of April, 2012 (2)