Legal News

Guideline was formulated at the end of June 2013, for reference by courts in Shanghai in hearing relevant cases. The following provisions stipulated in Guideline are very important for enterprises practically: Guideline has stated that the agreement between the unit and the inventor shall be prior to the statutory standard, and the standard listed in the agreement can be lower than the statutory standard. In order to avoid the direct application of statutory standard, enterprises shall add the relevant issues into their rules and regulations, or stipulate in the labor contract. According to “Guide” Article V, Article VI, the court…

Measures has been taken into effect on May 13th 2013, it mainly has clarified and regulated the following aspects: Measures simplify the procedures for registering foreign debt and eliminate several approval requirements stipulated in the previous SAFE regulations. For example, except for registration of foreign debts, the opening of a foreign debt account, foreign exchange settlement of funds, repayment of capital and interests, etc., shall be directly examined and verified by a designated foreign exchange bank. Measures further clarify the management of foreign debts account, usage of capital and conversion of foreign exchange. For example, proceeds of foreign debt borrowed…

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…

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…

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…

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…

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…

Interpretation has been taken into force on Feb. 1, 2013. The biggest highlight of Interpretation is the further explanation on non-competition: Compensation: where the parties fail to mention the compensation, the employee can request a monthly compensation by the employer based on 30% of the average monthly salary over the 12 months preceding the termination or expiration of labor contract, and the minimum amount equivalent to 30% of the average monthly salary is the minimum wage standard of the place where the labor contract is performed. Non-competition restriction will not be automatically terminated where the employer fails to pay compensation.…

On Dec. 29, 2012, Rules has been promulgated, which will be taken into effect on Oct. 1, 2013. It has stipulated the obligations of manufacturer, seller and repairer; responsibilities of 3 guarantees; waiver of the responsibilities of 3 guarantees; settlement of disputes; and penalty of manufacturer. It has also stipulated the term of 3 guarantees, the valid period for return or change, the term and standard for repair, the term and standard for replacement and return, the reasonable compensation undertaken by the consumers and etc. under a quantization principle.

On Dec. 28, 2012, Amendment has been promulgated, which will be taken into effect on Jul. 1, 2013. Amendment has stipulated the restrictions on labor outsourcing, mainly including the following aspects: Make clear the definition of positions: “temporary” position refers to a temporary role of less than six months; “ancillary” position refers to a position providing support services to the primary business of the employer; and “replaceable” position refers to a position in which the temporary worker temporarily replaces an existing employee where the employee is unable to work due to further study, leave or other reasons. Restrictions on the…