background preloader

Chinabizlawyers

Facebook Twitter

Vincent Qin

China Biz Lawyers offers all the significant legal information to do business in China including info on OEM, NNN contract and trademark registration in China.

What Are The Must Have Things In A China Distribution Contracts. There is hardly a day when some American SME’s never inquired about how they could sell their US made products into the Chinese market with the help of a trusted Chinese distributor.

What Are The Must Have Things In A China Distribution Contracts

As legal experts, we have assisted a large number of companies in writing well-drafted distribution agreement. In order to understand the legal side of China distribution agreements, following points/links could prove highly beneficial: Getting Your Product Into China Via Distributorship. A Legal Piece Of CakeThat’s Hot: China Distribution ContractsChina Distribution Agreements: Exclusivity Is NOT Required.

Why Global Technology Firms Need To Acclimatize Chinese Cyber Law. Global technology companies operated in China have faced a challenging task in the recent weeks.

Why Global Technology Firms Need To Acclimatize Chinese Cyber Law

In order to strengthen the internet firewall, Chinese officials have blocked the use of private networks (VPNs). According to the new regulations, web users need to register their authentic names and a high-level scrutiny have been imposed on the imported IT products in the financial industry. Several trade groups have sought help from the US trade officials to curb this stringent Chinese cybersecurity law. Residential Permit Law in China. As per the new law, PRC embassies, consulates are responsible for issuing visas.

Residential Permit Law in China

The public security bureau can only issue a single entry visa for 30 days only in case of narrow situations. They can also issue the extension of stay visa as well as the replacement visas to change the purpose of staying. Residential Permits & Stay Certificates: J1, Q1, S1, X1, and Z visas are issued to individuals intending to enter China for purposes of taking up residence. China Employment Law for Pregnant or Nursing Women.

China employment law maintains the high advantageous aspect for female employees who are pregnant or in nursing phase.

China Employment Law for Pregnant or Nursing Women

The most imperative thing for an employer to know is that Chinese employment law restricts the companies from singularly firing the work contract of a pregnant or nursing worker. For a similar reason, a business can’t start a mass cutback that will incorporate workers who are pregnant or nursing. A result of firing a pregnant woman can be a civil damage, administrative fine or a criminal issue. MOFCOM Revised Anti-Dumping and Countervailing Regulations. The government has incorporated some radical changes to certain rules, specially in the midterm review.

MOFCOM Revised Anti-Dumping and Countervailing Regulations

Let’s have a look at the three revisions. Revision I – Midterm Review of Dumping and Dumping Margins Dumping is under strict surveillance as there are certain rules and regulations on the dumping and dumping margins. This set of regulations will determine future exports in China. As per the new regulations, the investigation authority will monitor if there is any injury sustained by the Chinese Domestic Industry by the dumping. Within these 5 years, the petitioner may carry out an investigation focusing on the changes in the normal value, export price and lastly dumping margin. Revision 2 – Regulations on Hearing for Anti-Dumping and Countervailing Investigations.

Film Industry Promotion Law in China. In the year of 2015 on November 6th, China’s National People’s Congress issued a draft of the Film Industry Promotion Law for public comment.

Film Industry Promotion Law in China

The law was packaged with 6 chapters and 58 corresponding articles. All the film related activities like development, production, screening, releasing and the other related issues are included in the law. China’s TWOV Program. Are you not carrying your visa with you and want to visit places in China?

China’s TWOV Program

The Chinese Government allows visitors who are not having or carrying his/her visa to arrive at certain ports of entry to be admitted to China and stay within a specific area for 72 or 144 hours before leaving the area. The Chinese Government has authorized the TWOV program at specific ports to promote international travel to local industries and business. In the cities like Shanghai, Jiangsu and Zhejiang this TWOV (Transit without Visa) program is under the 144 hour package and the other cities (mentioned below) are allowing their visitors for 72 hours only without visa. Cities allowing visitors for 72 hours: BeijingChengduChongqingDalianGuangzhouGuilinHangzhouKunmingNanjingShanghai Pudong and Hongqiao airportsShenyangTianjinWuhanXiamenXian. Pitfalls of Chinese Manufacturing Binding Agreements.

An effective Chinese manufacturing agreement must address various issues out of which the most vital part is the one constituting terms for purchase of the manufactured item.

Pitfalls of Chinese Manufacturing Binding Agreements

Three things are critical to a business establishment, quantity, price and date of delivery. Since these are the key factors, these must be addressed right at the beginning of preparing a contract. Trademark Registration in China - Choosing A Company Name. The Madrid System is a way to register & manage a mark for your business worldwide.

Trademark Registration in China - Choosing A Company Name

A single application in a particular language needs to be filed as per Madrid System in replacement of paying a set of fees to protect the mark for your company. Managing your portfolio of marks through one centralised system is all about Madrid system. But submitting an application to the Chinese Trademark Office (CTMO) is a much recommended option rather than the Madrid System.

In case of China, the applications must include the applicant’s Chinese name, whereas Madrid applications have no such requirement. An organization has to spend money & considerable time to plan their Chinese branding strategies, whether it’s an overseas company or not. A Dynamic Initiative of China to Create Professional Transparency. The PRC State Administration of Foreign Experts Affairs (SAFEA) of China was working on a pilot project last year regarding work permits of the foreigners that integrates foreigner entry employment licenses and foreign expert employment licenses into one “foreigner employment permit.”

A Dynamic Initiative of China to Create Professional Transparency

The purpose of the initiative is to attract high level talents and experts from all over the world with the view of comprehensive strategy of bringing optimum development. Cities and provinces of China like, Beijing, Tianjin, Hebei, Shanghai, Anhui, Shandong, Guangdong, Sichuan and Ningxia, were being selected primarily for the implementation of the pilot project. After the commencement of this pilot project, and with the appraisal of the project sustainability, this program was nationalised on April 1, 2017. Program Highlights: Integration of the current foreign expert work license and foreigner employment license will be integrated into one document called the foreigner work license. Consequences of Using Foreign Arbitration Laws. When a foreign organization came to a Chinese business lawyer for assessing an arbitration, they wanted the arbitration between its China WFOE (Wholly Foreign-Owned Enterprise) and a Chinese domestic company with which it had contracted to be held at a foreign country, and not in China.

The contract that was signed by the foreign organization for arbitration in the foreign company wanted the Chinese lawyers to assess its chances. This arbitration comes under the law that is commonly called “the Domestic Rule” and it mentions that only “foreign-related” disputes can be arbitrated outside China. A Chinese business lawyer who represents Chinese companies with overseas investors are very much aware of this law. They exactly know how to use it for a Chinese company to get advantageous.

But the foreign lawyers are totally obscure about this rule or law. At least one foreign party. OEM Agreement – Know the Basics before Doing... - ChinaBizLawyers. Tips by Business Lawyers for Overseas Companies in China. Consult China Business Lawyers to Become Permanent WFOE Employees. Chinese lawyers are often asked by their clients to shift their employees from the third party hiring company to a newly formed and sometimes, even an existing Wholly Foreign-Owned Enterprise (WFOE). So much problem arises due to the fact that, China has convoluted rules regarding hiring employees from third party employment agencies.

China has several restrictions on hiring from third party agencies and these pose dangers, threats and impediments to the WFOEs in China. Such kind of agencies are also referred to as FESCOs or staffing agencies. NNN Contracts, Arbitration and Litigation in Chinese Courts. Chinese and Vietnamese lawyers get asked several questions, among which one of the most important ones is- “what to put in the Chinese NNN contract and the Vietnamese contract for doing business there?” This questions pertains to the selection of venue most of the times. The western clients are confused most of the times regarding the rules and laws for business in this Asian land. In fact, here are some points regarding the same: Lawsuit in the courts of the home country of the western clientVietnamese lawsuit in their courtVietnamese arbitrationMediation outside Vietnam Each of these situations have their pros and cons and that is why picking the exact venue actually depends on the particular situation.

Pros and Cons of Each Situation The pros and cons for each situation has been explained below: POINTS to Remember While Doing Business with China. Chinese Business Lawyers Provides a List to Help Foreign Companies in China. Doing business in China as everybody knows now is difficult. However, Chinese business lawyers always provide helpful tips to set one up and sustain it. Here are few more tips: Do Your Homework– When China operations get into trouble, a lack of preparation is a common theme. Very true. I hate to say this, but in my experience, foreign companies that get in trouble in China are usually at fault for not having better prepared.Beware of Industrial Dynamics– A typical cause of losses in China is that foreign companies are so focused on market growth rates that they neglect the basics of competitive analysis.

How to Become a Chinese Lawyer of Repute? A vast majority of law schools incorporate course on international law which is attractive for aspiring law students. It is powerful and alluring. It makes money and brings fame as well. A large number of students enroll into such programs because they find it extremely cool and as an attractive career option. Now, there is an inherent problem in this because such law schools are few which offer courses on international law for law graduates.

Chinese Lawyer Advises on Anti-Corruption Measures in China. According to recent corruption reports published by Transparency International, China is the 79th least corrupt nation among the 175 countries on whom the survey was conducted. Corruption rank in China averaged 68.32 from 1995 until 2016, reaching an all time high of 100 in 2014. Chinese Business Lawyers Lead You to WFOE Close Down in China.

China Business Lawyer Advising on Stealthy Translator for Foreign Companies. Chinese Business Lawyers Listing the Do’s & Dont’s in Doing Business with China. Doing business in or with China has its own challenges which is very different from doing business with any other country. Listen to Chinese Lawyers- China is Too Polluted to Relocate? OEM Contract- The Mesiah of the Foreign Company in China – China Biz Lawyers. OEM Contract- The Mesiah of the Foreign Company in China – China Biz Lawyers.

Loopholes Regarding Trademark Registration in China for Internet Use. Chinese Business Lawyer Addressing Issues on Joint Venture in China. Chinese Business Lawyers Answering on Business Role Reversal for China. The stressful relationship between Chinese organizations and other foreign organizations is stressful and that is changing the normal relationships between nations. Earlier the process was simple but now it has become complicated and that is introducing tensions in the relationships. The questions faced by Chinese business lawyers from law firms have also changed with changing times and relationships.

Nowadays foreigners asked whether they have to open branches in each city they wanted to do business. The Secret of the Chinese Seal Decoded by Chinese Business Lawyer. Chinese Business Lawyers Receiving Complaints on Chinese Hostility. Business Terms for Establishing WFOE Arrangement. Chinese Lawyer Providing Security Against Employee Dispatch Company. China Business Lawyers: How to Sue a Chinese Company- Know the Essentials.