Blog

The Top Six Questions Foreign Employees May Have

August 2, 2020

As a foreigner working in China, you may encounter all kinds of legal issues. We are here in presenting the top six frequently asked questions and provide answers below: 1. Q: Employees can’t terminate their employment contract, otherwise they have to pay a penalty, correct? A：Incorrect, you can terminate the…

How to Protect the Software I Developed?

China business basic, IPR

July 21, 2020

If people want to obtain full protection of their software, it is recommended that both patent and copyright should be filed

Tax boost for Hainan FTP

News

July 1, 2020

On 30 June 2020, the Ministry of Finance together with the State Taxation Administration released the <Circular about Preferential Enterprise Income Tax Policy for Hainan Free Trade Port>, and the <Circular about Individual Income Tax Policy for High-end and Urgently Needed Talents at Hainan Free Trade Port>. The two circulars…

Newly Released Negative List

foreign investment law, News

June 29, 2020

On 23 June 2020, the National Development and Reform Commission and the Ministry of Commerce released the <Special Administrative Measures (Negative List) for the Access of Foreign Investment (2020)> (“Negative List”). According to the Negative List, from 23 July 2020 onward, the restrictions on foreign investments in securities, futures, life…

After Signing the Dissolution Agreement, She Learnt That She’s Pregnant

Case study, employment law

June 19, 2020

Sunny Technology Co., Ltd. (“Sunny“) and the employee Angela signed an “Employment Dissolution Agreement” (“Agreement”) on 15 March 2018. The Agreement mainly stipulates that the employment contract between the two parties will be terminated on 31 March 2018 after friendly negotiation. On 1 April 2018, Angela went to the hospital…

Individual Insolvency Law in Shenzhen

civil law, News

June 9, 2020

On 2 June 2020, the Standing Committee of the Shenzhen Municipal People’s Congress publicly solicited opinions on the 《Regulations on Personal Insolvency of the Shenzhen Special Economic Zone ( Draft for Comments, hereinafter “Draft”)》, which is the first local regulation in China to solicit opinions on individual bankruptcy. The main…

Breaking news! Master Plan Unveiled for the Construction of Hainan’s New Free Trade Port

foreign investment law, News

June 4, 2020

On 1 June 2020, the Master Plan for the Construction of Hainan’s Free Trade Port was unveiled by the Chinese central government (hereinafter “Master Plan”). The policy document proposes in total 39 new policies with regards to the liberalization and facilitation of trade, investments and cross-border capital flows to develop…

“I Want My Equity Back!”

Case study, litigation

June 2, 2020

On 14 May 2020, the Shanghai No. 1 Intermediate Court (hereinafter “Appellate Court”) publicly announced the result of a dispute over the qualification of a foreign shareholder. The Appellate Court found that a foreign individual, is an anonymous shareholder of a domestic company and has the right to claim back…

How to Fire an Incompetent Employee Properly?

employment law

May 29, 2020

According to the《Labor Contract Law of the People’s Republic of China》, a company has the right to terminate the labor contract if the employee is not competent. However, a recent unofficial statistic and judicial precedents show that employers who are successful in trying to terminate employment contracts on the grounds…

How to Handle COVID-19 Related Disputes Properly

civil law, News

May 9, 2020

On 20 April 2020, the Supreme People’s Court released Guidelines about Lawfully and Properly Handling Civil Cases Related to the Coronavirus Epidemic (No.1). The guidance regulates the trial of civil cases involving the epidemic with regards to 10 aspects, such as the accurate application of force majeure rules, the proper…