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  • 2013-06-17
  • 4 minutes Read
Can a borrower claim for the compensation of commercial third-party liability insurance for motor vehicles

In 2011, Mr. Zheng brought commercial third-party liability insurance for motor vehicles (“CTLI”) for his car. One day, Mr. Zheng lent the car to his friend Mr. Pan, unfortunately, a traffic accident happened, Mr. Pan was identified with full responsibility. The victim appealed to the court against both Mr. Zheng and Mr. Pan, the court made the decision that Mr. Pan should undertake the compensation of 130,000 Yuan, and Mr. Zheng was not liable. As per the court decision, Mr. Zheng and Mr. Pan claimed compensation from the insurance company. However, the insurance company said that because the insured Mr.…

  • 2013-05-17
  • 2 minutes Read
Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2013 Revision)(“2013 Catalogue”)

2013 Catalogue will be taken into force on 10th June, 2013. Compared with Catalogue of Priority Industries for Foreign Investment in the Central-Western Region (2008 Revision), 2013 Catalogue has new features as following: To expand the scope of industries under the encouraged category. 2013 Catalogue has listed 500 industries, in which 173 kinds are newly added. For example, in the manufacture industry, for Anhui province, it has added distributed control system for important technical equipment such as complete production lines of metallurgical equipment. To optimize the direction of industries. It has added many items in the service industry, e.g. for…

  • 2013-05-17
  • 2 minutes Read
Opinions of the Ministry of Human Resources and Social Security on Certain Issues Concerning the Implementation of the Regulations on Work-related Injury Insurances (”Opinions”)

Opinions has been released on 25th April, 2013, it has further explained the issues regarding the implementation of Regulations on Work-related Injury Insurances in the following aspects: To further define the definition of “work-related travel”, “employee’s non-primary liability”, “intentional crime”, “”intoxication or drug abuse”. For example, “work-related travel” shall be considered whether such travel of the employee is related to the work assigned by the employer and whether such accident and injury the employee suffers from is attributable to the work. To further regulate the issues related to occupational disease, such as the procedure and period of diagnose, standards of…

  • 2013-05-17
  • 4 minutes Read
New Requirements on Labor Dispatch Will be Applied: What Course to Follow?

“Labor Contract Law (Amendment),” will go effective on 1st, July, 2013, and the new requirements on labor dispatch (“LD”) become a compelling topic, the widely focused topics include: the new requirements on 3items of the position in LD, the issues related to the transfer from LD to labor contract, whether LD can be replaced by service outsourcing, and etc.. The Amendment has clearly stipulated the 3 attributes of “temporary, auxiliary, replaceable” of the position in LD, however, the distinction between “main business positions” and “ancillary business positions” varies by enterprise. Meanwhile, the local authorities have set different criteria on the…

  • 2013-05-17
  • 3 minutes Read
The Boundary for Work-related Injury and Non-work-related Injury

Mr. Chen is the salesman at company Shadow (“Shadow”). One day, Mr. Lee whom was the client of Shadow invited Mr. Chen to play cards. A few hours later, Mr. Chen lost 20,000Yuan in gambling, and Mr. Chen promised to pay the money within 1 month. 1 month later, Mr. Lee asked for payment for several times, but Mr. Chen refused to pay. Mr. Lee went to Shadow to negotiate, however, both parties could not make an agreement and ended fighting with each other, Mr. Chen was injured, and his colleague Mr. Wong who tried to mediate was injured too.…

  • 2013-04-17
  • 1 minute Read
“Administrative Measures for Diagnosis and Appraisal of Occupational Diseases “Revised (Measures)

The newly revised Measures published by National Health and Family Planning Commission has been taken into force on 10th, Apr. 2013. Measures is tilted to the employees’ interest, the main contents are as follows: To expand the scope of diagnosis agency chosen by employee. The employee can choose the diagnosis agency located in the place where the employer is situated, the place of the employee’s regular residence, or the place of the employee’s registered permanent residence. To cancel the acceptance of diagnosis, and clarify the responsibilities of diagnosis agency to diagnosis and inform the relevant information when the employee requires…

  • 2013-04-17
  • 1 minute Read
“Announcement of the State Administration of Taxation on Issues Concerning the Administrative Measures for Value-added Tax and Consumption Tax on Export Goods and Services” SAT Announcement [2013] No.12 (“Announcement”)

In order to clarify issues in the previously promulgated “Administrative Measures on Value Added Tax and Consumption Tax for Exporting Goods and Services (SAT Announcement [2012] No. 24),” SAT released Announcement recently, which has been taken into effect on April 1, 2013. Highlights of Announcement are as follows: The tax of bonded materials and parts under the feeding processing trade shall be calculated based on the amount of real consumption instead of the amount of purchase. To extend the term of tax refund (exemption) declaration. “Announcement” stipulates that the deadline for the application for the tax exemption on export goods…

  • 2013-04-17
  • 4 minutes Read
Patent Infringement Problems Related to OEM

In practice, more and more cases on the infringement of patent, which are taken action by the third party against OEM separately or both OEM and the purchasing company to the court. OEM manufactures products based on the commission processing contract, if the products infringe the third party’s patent right, besides the tort liabilities undertaken by the purchasing company, whether OEM shall undertake such liabilities? Generally speaking, there is no dispute on the tort liabilities undertaken by the purchasing company. Therefore, there is a view that, since the manufacturer is the purchasing company, OEM only engages in producing products in…

  • 2013-04-17
  • 4 minutes Read
“Ten Times "or" One Time "?

Miss Wang brought a piece of cake in a store. After the payment, she found that the identified shelf life had expired, so she required the store to refund the payment, and pay a compensation equivalent to ten times of the price of the piece of cake. The store agreed to do so. A few days later, Miss Wang’s colleague Miss Zhang bought a piece of cake in the same store, after a few bites, she found a fly in the cake, thought of Miss Wang’s experience, she asked the store for the same compensation as Miss Wang, however, the…

  • 2013-03-17
  • 2 minutes Read
Announcement on Issues Concerning Income Tax on Policy-related Relocation of Enterprises (“Announcement”)

The State Administration of Taxation released Announcement on Mar. 12, 2013, in which it has further clarified the issues, where the relocation agreement of a policy-based enterprise relocation project has been signed prior to the effective date of Announcement of the State Administration of Taxation on Issuing the Administrative Measures of Enterprise Income Tax on Incomes Obtained from Policy-based Relocation (“Announcement No. 40”) released on Aug. 2012, but the relocation liquidation thereof fails to be completed before such date. The main contents include: The Announcement clarifies that, where the relocation agreement of a policy-based enterprise relocation project has been signed…