Legal News

Foreign personnel, foreign companies, and foreign-related businesses inevitably involve foreign public documents, such as identity certificates, subject qualification certificates, credit certificates, ownership certificates, etc. For a long time, any foreign public document which shall be submitted to the administrative or judicial departments in China, shall go through notarization and authentication procedures. Specifically, the document shall be notarized in the country where it is produced (hereinafter referred to as the “host country) , then be authenticated by the ministry of foreign affairs of the host country or the consulate assigned by the ministry of foreign affairs, and finally be authenticated by…

On August 29, 2023, the SAMR issued the “Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names” (hereinafter referred to as the “New Measures”), which revised the 2004 version and will come into effect on October 1. The main reason for this revision is that the upper-level law ” Administrative Provisions on the Registration of Enterprise Names ” came into effect on March 1, 2021, which changed the legal approval system for enterprise names to the voluntarily declaration system for enterprise names, and changed the prior review to the post supervision. Therefore, it is necessary to adjust…

The pre-litigation property preservation, pre-litigation evidence preservation, and pre-litigation injunction are all special pre-litigation measures taken by the court in accordance with the “Civil Procedure Law” to protect the rights and interests of the plaintiff. These pre-litigation measures are unilateral, that is, the defendant’s consent is not required. However, pre-litigation mediation is not the case. It relies on the “People’s Mediation Law” and other relevant laws and regulations, and the people’s court acts as a window to assign the received cases to specially invited mediators or other mediation organizations for mediation after confirming that both parties agree to mediation. Because…

Recently, the SAMR issued the “Provisions on Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrict Competition” (hereinafter referred to as the “New Provisions”), which will come into effect on August 1, 2023. As one of the supporting regulations of the “Anti-Monopoly Law”, the revised “New Provisions” has increased the number of articles from 19 to 33 compared to the previous version issued in 2020. The main modifications are as follows: Regarding the monopoly agreements Item Key amendments 1 Article 3 of the previous version stipulates that the illegal act starts from the time point of “implementing”…

In mid-June 2023, the General Office of the SAMR issued the “Notice of the General Office of the SAMR on Solidly Conducting the Investigation and Governance of Prominent Issues in the Field of Advertising Administration” (hereinafter referred to as the “Notice”). This “Notice” reflects the key aspects of the administration regarding advertising. The “Notice” is very brief, mainly proposing specific administrative requirements and measures for 10 aspects. The following is a brief introduction and explanation from the perspective of the impact of the “Notice” on advertisers. Reduce the burden in three aspects of “three products and one equipment” The term…

In view of the new problems arisen in the environmental law enforcement in the past 10 years, and the implementation of the newly revised “Administrative Penalty Law” on July 15, 2021, the General Office of the Ministry of Ecology and Environment revised the “Measures of Administrative Penalty for Environment” (hereinafter referred to as the “Old Measures”) and publicly solicited opinions in August 2022. On May 8, 2023, the Ministry of Ecology and Environment issued the revised ” Measures of Administrative Penalty for Ecological Environment” (hereinafter referred to as the “New Measures”), which will be implemented from July 1, 2023. Here…

The “Administrative Measures for Internet Advertising” (hereinafter referred to as the “New Measures”) implemented on May 1, 2023, has replaced the “Interim Measures for Internet Advertising Management” (hereinafter referred to as the “Old Measures”) implemented on September 1, 2016. Compared to the “Old Measures”, the key changes are as follows: Regarding the advertisements of special commodities or services (such as pharmaceuticals, food, cosmetics and medical deviceswhich are subject to censorship, in addition to the censorship as required by the “Old Measures”, the “New Measures” adds 2 requirements, which are the advertisements subject to censorship shall be released in strict accordance…

The “absolute terms in advertisements” normally refers to the circumstances stipulated in item (3), Article 9 of the “Advertising Law”, including “national level”, “highest level”, “best” and other terms with identical or similar meanings. Because the scope of such items is not specific, and the identification rules regarding such items is not clear, different local authorities have various opinions on the identification of such items, and have made different discretions regarding similar cicumstances in the administrative enforcements. Therefore, the SAMR issued the”Law Enforcement Guide for Absolute Terms in Advertising”( hereinafter referred to as the “Guide”) on February 24, 2023. Articles…

On December 20, 2022, the human resources and social security departments of Shanghai, Jiangsu and Zhejiang jointly released the “Market Wage Level of Manufacturing Enterprises in the Yangtze River Delta Integration Demonstration Zone in 2022”. According to the classification of occupational categories in the occupational classification code of the “Occupational Classification Ceremony” (2015 Edition), this document analyzes the wage data of 326 manufacturing enterprises with 98800 employees in Qingpu district of Shanghai, Wujiang district of Jiangsu, and Jiashan City of Zhejiang in 2021. This amount of the wage is the total income of employees obtained in 2021, including basic wages,…

In practice, many companies outsource staff canteen to a contractor with relatively mature supply chain system and catering service experience. The food safety and staff health are the top two risks of a canteen, so laws and regulations have set special restrictions and requirements regarding the management of a canteen. If a company ignores relevant regulations and practical rules, it may encounter food safety accidents, administrative penalties and other risks. In view of this, let’s talk about the precautions for canteen outsourcing. First of all, we have to clarify a cognitive misunderstanding, that is, “If a company outsources to a…