A Brief Overview on the Foreigner’s Work Permit in China

(By Lisa Li) As of April 2017, the Circular on Fully Implementing the Work Permit System for Foreigners to Work in China jointly issued by the State Administration of Foreign Expert Affairs, the Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs and the Ministry of Public Security (the “Circular”) has been implemented in China to integrate previous foreigner’s employment permit and foreign expert work permit as the foreigner’s work permit, aiming to simplify the foreigner’s work permit application procedures and to facilitate the introduction of foreign talents. In accordance with the relevant laws, regulations and policies regarding the foreigner’s work permit and from our recent experience, we summarized the following main points and some best practices regarding the foreigner’s work permit in order to provide a brief overview on the foreigner’s work permit system in China.

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China Laws and Regulations Update in March 2014

1. The State Council has begun circulating the “Registered Capital Registration System Reform Plan”

On February 7th, 2014 the State Council issued the Registered Capital Registration System Reform Plan (the “Plan”) with the purpose of promoting the development and efficiency of business registration systems.

The Plan makes it clear that requirements for registered capital of companies applying to be incorporated will be lowered. However, minimum registered capital restrictions could remain applicable to companies in given industries subject to relevant laws, administrative rules and decisions made by the State Council. The new guidelines stipulate that the minimum registered capital restrictions of RMB 30,000 on limited companies, RMB 100,000 on solely- owned limited companies and RMB 5,000,000 on stock-limited companies will generally be lifted. Additionally, restrictions on the proportion of registered capital that is initially subscribed by all shareholders (or initiators) upon incorporation of a company as well as the proportion of registered capital subscribed in cash by all shareholders (or initiators) to the total registered capital of a company will be lifted. The duration of existence for a company with registered capital not fully paid by its shareholders (or initiators) will also no longer be limited.

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China’s Latest Laws and Regulations in December (I), 2012

I. The State Administration of Industry and Commerce and the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work, and DeBund Has Already Submitted a Renewal Record

On December 27, 2012, the State Administration of Industry and Commerce (“SAIC”) together with the Ministry of Justice issued the Administrative Measures for Law Firms Undertaking Trademark Agency Work (“Administrative Measures”), which were published on the SAIC’s website. The Administrative Measures clearly provide eight categories of work that law firms can provide related to trademarks, including: application for trademark registration or change, trademark renewal and transfer, pledge registration, license contract recording, opposition, cancellation, revocation, and Madrid System international trademark registration. According to the Administrative Measures, firms engaging in such business must apply for recordation with the Trademark Office of the SAIC. Additionally, the Administrative Measures list the matters handled by the State Trademark Review and Adjudication Board of the SAIC, such as reexamination of rejection, opposition, and cancellation and disputes concerning registered marks. The Administrative Measures come into effect on January 1, 2013.

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