Laws and Regulations Update in November 2016

1.The Ministry of Commerce Publishes the Provisional Rules on the Establishment and Change of Registered Records of Foreign Invested Enterprises

Published on 8th October 2016, the Rules consists of clauses on the application scope, registration process, supervision and inspection procedures, legal responsibilities, etc. relating to the registration policy for the foreign invested businesses applying for establishment or a change of registered records not involving special access rules of PRC, set out in the revised versions of four foreign investment related laws including the Law of Foreign-funded Enterprises, issued by the National People’s Congress Standing Committee.   [Full Text]

2. The Ministry of Finance and the Ministry of Human Resources and Social Security issue the Interim Measures on the Provisional Rules on Occupational Annuities and Funds

Published on 28th September 2016, the Measures has made it clear that the forms of occupational annuities and funds are limited to domestic investments and that the total value of the investments of stocks, stock funds, mixed funds, stocks used as pension products cannot exceed 30% of the net assets of a particular investment portfolio.   [Full Text]

3. Six Departments Including the Supreme Court issue the Notice on Preventing and Fighting against Telecommunication and Internet Frauds

Published on 23rd September 2016, the Notice co-issued by Supreme People’s Court, Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Industry and Information, the People’s Bank of China and China Banking Regulatory Commission requests that telecommunication businesses should ensure 96% phone users will have registered their real names by the end of October 2016 and 100% users registered by the end of 2016, with those who fail to register their real names within the required period of time unable to continue using their phone numbers.   [Full Text]

4. The General Administration of Customs Publishes the Measures for the Implementation of the Regulation of the People’s Republic of China on Customs Inspection    

Published on 22nd September 2016 and taking into effect on 1st November 2016, the Measures involves specific procedures, rights and obligations, etc. relating to the Regulation of the People’s Republic of China on Customs Inspection, including the active disclosure policy, rules on the selection and use of professional organizations by the customs, customs inspection procedures, etc.   [Full Text]

5. Shanghai Human Resources and Social Security Bureau Publishes the Guidelines on Work Permit for Foreigners in China (for Trial Implementation) and the Criteria for Classifying Foreigners Working in China (for Trial Implementation) 

Published on 18th October 2016, the Guidelines [Full Text] contains details as to how to apply and prepare for the work permit application, which department is responsible for accepting, reviewing and approving the application, what conditions the applicants have to meet, how many applications are in process, what materials should be submitted with the application, how long it will take to review and approve the application, how to get useful information and make complaints, what the basic process is, etc.. In addition, according to the Criteria for Classifying Foreigners Working in China (for Trial Implementation) [Full Text], foreigners working in China are classified into three groups, each of which has a different set of rules to comply with.

Lawyer Contacts

You Yunting86-21-52134918  youyunting@debund.com/yytbest@gmail.com

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