PART 1: SUMMARY OF SOME IMPORTANT LEGAL DEVELOPMENTS
On May 10, 2013, the State Administration of Foreign Exchange issued the Notice on Printing and Distributing the Provisions on Foreign Exchange Administration of Foreign Direct Investment in China and the Supporting Documents. The new Provisions simplify procedures and policies of foreign exchange registration, account opening and utilization, fund receipt and payment and foreign exchange settlement and sale in connection with foreign direct investments. The new Provisions also strengthened the statistical monitoring of the capital inflow from foreign direct investments and repealed 24 foreign exchange administrative rules concerning foreign direct investments in China. (See No. 2 below)
On May 15, 2013, the State Council issued the Decision on Matters concerning Cancellation or Delegation of a Batch of Administrative Examination and Approval Items. Pursuant to this Decision, relevant national authorities cancel the administrative examination and approval of some types of projects in shipping, hydraulic engineering, education, telecommunications service, foreign cooperation in cultural industries and in the field of energy. In addition, the registration of permanent representative entities of foreign enterprises and the approval of foreign enterprises undertaking production and operation activities in China are delegated to administrative departments for industry and commerce at the provincial level. (See No. 10 below)
PART 2: LIST OF NEW REGULATIONS
Foreign Investment
1. On May 9, 2013, the Ministry of Commerce and National Development and Reform Commission issued the Catalogue of Priority Industries for Foreign Investment in Central and Western China (Revised in 2013). The Catalogue will come into effect on June 10, 2013.
http://www.sdpc.gov.cn/zcfb/zcfbl/2013ling/t20130516_541505.htm
Foreign Exchange
2. On May 10, 2013, the State Administration of Foreign Exchange issued the Notice on Printing and Distributing the Provisions on Foreign Exchange Administration over Foreign Direct Investment in China and the Supporting Documents. The Notice came into effect on May 13, 2013.
http://www.safe.gov.cn/resources/wcmpages//wps/wcm/connect/safe_web_store/safe_web/zcfg/zbxmwhgl/zjtzwhgl/node_zcfg_zbxm_kjtz_store/931334804f92a8009c79bebabd3994e6/
3. On May 5, 2013, the State Administration of Foreign Exchange issued the Notice on Strengthening the Administration over Foreign Exchange Inflow. The Notice came into effect on June 1, 2013.
http://www.safe.gov.cn/resources/wcmpages//wps/wcm/connect/safe_web_store/safe_web/zcfg/zhfg/qt/node_zcfg_qt_store/933818804f82def38e96deaab946bc13+/
4. On April 28, 2013, the State Administration of Foreign Exchange issued the Notice on Publishing the 'Measures for Administration of Foreign Debts Registration'. The Notice came into effect on May 13, 2013.
http://www.safe.gov.cn/resources/wcmpages//wps/wcm/connect/safe_web_store/safe_web/zcfg/zbxmwhgl/jwtzwhgl/node_zcfg_zbxm_kjzwzw_store/6cf4e7004f78fa898d32dfaab946bc13/
Taxation
5. On April 19, 2013, the State Taxation Administration issued the Announcement on the Levy of Enterprise Income Tax on Labor Services Provided within Mainland China by Personnel Dispatched by Non-resident Enterprises. The Announcement came into effect on June 1, 2013.
http://www.chinatax.gov.cn/n8136506/n8136593/n8137537/n8138502/12303077.html
Securities and Capital Markets
6. On May 2, 2013, the People's Bank of China issued the Notice on Some Issues Related to the Implementation of the Pilot Measures for Securities Investment in the Mainland by RMB Qualified Foreign Institutional Investors, which came into effect on the date of issuance.
http://www.gov.cn/gzdt/2013-05/02/content_2394808.htm
Other Legislation
7. On April 25, 2013, the Standing Committee of the National People's Congress issued the Tourism Law of the People's Republic of China, which will come into effect on October 1, 2013.
http://www.gov.cn/flfg/2013-04/25/content_2390945.htm
8. On May 6, 2013, the Ministry of Commerce promulgated the Catalogue of Currently Effective Rules and Normative Documents of the Ministry of Commerce.
http://www.mofcom.gov.cn/article/b/fwzl/201305/20130500121413.shtml
9. On April 12, 2013, the Ministry of Transport issued the Decision on Revising the Administrative Measures on Business Licensing of Express Delivery Services. The Decision came into effect on the date of issuance.
http://www.moc.gov.cn/zhuzhan/zhengwugonggao/jiaotongbu/qita/201305/t20130507_1407994.html
10. On May 15, 2013, the State Council issued the Decision on Relevant Issues concerning Cancellation or Delegation of a Batch of Administrative Examination and Approval Items. The Decision came into effect on the date of issuance.
http://www.gov.cn/zwgk/2013-05/15/content_2403676.htm
11. On April 3, 2013, the Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce issued the Notice on Printing and Distributing the Project Construction Contract (model version). The Notice will come into effect on July 1, 2013.
http://www.mohurd.gov.cn/zcfg/jsbwj_0/jsbwjjzsc/201305/t20130521_213793.html
12. On March 21, 2013, the State Forestry Administration issued the Notice on Further Strengthening the Administration of Assignment of Collective Forestry Rights. The Notice came into effect on the date of issuance.
http://www.forestry.gov.cn/portal/main/govfile/13/govfile_2005.htm
13. On April 23, 2013, the Supreme People’s Court issued the Report of Judicial Protection of Intellectual Property Rights by Chinese Courts [2012].
http://www.court.gov.cn/zscq/bhcg/201304/t20130426_183661.html
Disclaimers
Web Site Disclaimer
Jade & Fountain is a full-service law firm established in China, for the purpose of presenting the firm and promoting communications with the public, Jade & Fountain owns and operates the web site. The Jade & Fountain web site is intended for informational purposes only. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Jade & Fountain or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel.
No client or other reader should act or refrain from acting on the basis of any information contained in the Jade & Fountain web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue. Jade & Fountain accepts no responsibility for loss which may arise from accessing or reliance on information contained on the Jade & Fountain web site. Jade & Fountain hereby expressly disclaims, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by clients or other readers on the basis on such information.
The Jade & Fountain web site may contain links to external web sites and external web sites may link to the Jade & Fountain web site. Jade & Fountain is not responsible for the content or operation of any such external sites.
Copyright and Reproduction Notice
The content of the Jade & Fountain web site is protected under international copyright conventions. Reproduction of reasonable portions of the content of the web site is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Jade & Fountain, (iii)the portion of the web site being reproduced is not altered or made available in a manner that modifies the content of the web site or presents the portion of the web site being reproduced in a false light and (iv) notice is made to the disclaimers included on the web site. The permission to recopy does not allow for incorporation of any substantial portion of the web site in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.