China Laws and Regulations Update in September 2014

1.The PRC State Administration of Foreign Exchange releases the Notice on the Pilot Reform of the Administrative Approach Regarding the Settlement of the Foreign Exchange Capitals of Foreign-Invested Enterprises in Certain Areas

On 4 August 2014, the PRC State Administration of Foreign Exchange released the Notice on the Pilot Reform of the Administrative Approach Regarding the Settlement of the Foreign Exchange Capitals of Foreign-Invested Enterprises in Certain Areas to launch the pilot reform of the settlement of the foreign exchange capitals of foreign invested enterprises on a discretionary basis in 16 areas throughout the P.R.China, including the Suzhou Industrial Park, on 4 August 2014, after such reform was first launched in the Shanghai Free Trade Zone.

In addition, according to the Notice, the uses of the foreign exchange capitals of foreign invested enterprises and the RMB capitals acquired through the settlement of such foreign exchange capitals are restricted, and the payment management, the management of settlement and use of the capitals in foreign accounts for direct investment and the post-supervision of the PRC State Administration of Foreign Exchange are standardized.

Website of the State Administration of Foreign Exchange:

http://www.safe.gov.cn/resources/wcmpages//wps/wcm/connect/safe_web_store/safe_web/zcfg/zbxmwhgl/zjtzwhgl/node_zcfg_zbxm_kjtz_store/b863040044f9ac668af2ae04091e83bf/

2.The Ministry of Finance 2Releases the Notice on Applying the Pilot Tax Rebate Policies for Departure Ports to a Larger Number of Ports

On 30 July 2014, the Ministry of Finance released the Notice on Applying the Pilot Tax Rebate Policies for Departure Ports to a Larger Number of Ports and carried it out according to the Notice on Issuing an Overall Plan for the China (Shanghai) Pilot Free Trade Zone. The former Notice became effective as of 1 September 2014.

The tax rebate policies for departure ports apply to eight (8) ports, including the Longtan Port of Nanjing, the Taicang Port of Suzhou, etc. The export port is Yangshan Bonded Port Area and the mode of transport is waterage.

Taxation authorities should provide export tax rebates with eligible exporters and adjust the amount of rebates granted, according to tax rebate certificates and information shown on clearance, verification and declaration documents, cleared by the PRC State Taxation Administration.

Website of the Ministry of Finance:

http://www.mof.gov.cn/pub/czzz/zhongguocaizhengzazhishe_daohanglanmu/zhongguocaizhengzazhishe_zhengcefagui/201408/t20140814_1126902.html

3.The Legislative Affairs Office of the State Council promulgates the ‘Interim Regulations on Real Estate Registration (Draft for Comments)’to Solicit Public Opinions                                       

On 17 August 2014, the Legislative Affairs Office of the State Council published the ‘Interim Regulations on Real Estate Registration (Draft for Comments)’ on its official website. The Interim Regulations (Draft for Comments) consist of six chapters and 30 items.

The most important contents of the Interim Regulations (Draft for Comments) is the provisions on launching a unified real estate registered information platform to urge the competent PRC land and resource administration department of the State Council to set up a unified basic platform for real estate registered information real-time sharing administration and specify that the obligees, interested parties and national authorities, relating to a real estate, are entitled to search for and copy registered materials about such a real estate according to relevant laws. In addition, the Interim Regulations (Draft for Comments) deal explicitly with the issues of the administration of registration authorities and registered records, the registration procedure, etc.

Opinions on the Interim Regulations (Draft for Comments) may be submitted online, in the form of letters or by email, prior to 15 September 2014.

Website of the Legislative Affairs Office of the State Council:

http://www.chinalaw.gov.cn/article/cazjgg/201408/20140800396756.shtml

4.The Supreme People’s Court Publishes the Interpretations on Certain Issues Concerning the Application of Law in the Trial of Patent Infringement Cases (II) (Draft for Public Comments) to Solicit Public Opinions

On 31 July 2014, the Supreme People’s Court published the Interpretations on Certain Issues Concerning the Application of Law in the Trial of Patent Infringement Cases (II) (Draft for Public Comments). The duration of public opinion solicitation was one (1) month, expiring prior to 1 September 2014.

The main contents of the Interpretations (Draft for Public Comments) cover clauses with respect to claims, the scope of protection, designs, cessation of implementation, damages, etc.

Website of the Supreme Court of P.R.China:

http://www.court.gov.cn/xwzx/yw/201407/t20140731_197079.htm

5.The Supreme People’s Court Promulgates the Judicial Interpretation on the Hearing of Administrative Cases of Work-related Injury Insurance

On 20 August 2014, the Supreme People’s Court held a press conference to release the Provisions of the Supreme People’s Court on Several Issues Concerning the Hearing of Administrative Cases of Work-related Injury Insurance and a couple of typical cases as practical examples for such Provisions.

The Provisions are made mainly to explain the definitions of the five special work-related injury insurance entities, ie. those having the dual employment, dispatch, designation, subcontracting and subordination relationships with others, and the meaning of ‘commute’, etc.

The China Court Website: http://www.chinacourt.org/law/detail/2014/06/id/147936.shtml

Lawyer Contacts

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

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