Archive

In order to encourage the domestic R&D, recently, the Ministry of Finance, SAIC, the Ministry of Science and Technology have jointly promulgated the “Circular”. Based on No.116 GUO SHUI FA [2008] and No.70 CAI SHUI [2003] (hereinafter refer to the “Old Policies”), the “Circular” has further prescribed the requirements on the details of the expenses and the control on the…

11 years later, in order to strength the enterprises’ autonomy, and manage the enterprises by being slack at enrolment but strict at daily operation, the SAIC has amended ‘The Administrative Provisions on Business Scope Registration for Enterprises’ (The Revised Provisions) recently. The main contents include: Less requirements on the approval items The approval items have been divided into the pre-registration…

The ‘Amendment’ was adopted at the Meeting of the Standing Committee of the National People's Congress of the People's Republic of China on August 29, 2015. There are several articles shall be paid attention to. Agreement shall prevail, but there is a special occasion Like the ‘Patent Law’, the ‘Amendment’ has prescribed that the agreement on the reward and remuneration…

Previously, due to the "General Rules for Loans" and relevant regulations, the validity of the private lending, especially the private lending between enterprises, is questionable. With the development of the needs of capital flow, in order to regulate the private lending, the Supreme Court has released the Regulations recently. The Regulations has comprehensively prescribed the aspects of private lending, such…

Recently, SAT has released "Announcement", compared with "Circular of the State Administration of Taxation on Printing and Distributing the Implementing Measures for Special Tax Adjustments (for Trial Implementation)" (Guo Shui Fa [2009] No.2), Announcement has discentralized the approval right and strengthen the afterwards management on the management of the cost allocation agreements. The main contents as follows: Requirement for the…

The Supreme People’s Court has issued “Rules for the Implementation of the Provisions on Case Guidance” (FA [2015] No. 130, hereinafter referred to “No. 130”) on 13th May 2015. No. 130 is the symbol that the guiding cases of the Supreme People’s Court become the “quasi-precedent". The main content of No. 130 includes as follows: Key points of judgement of…

The Supreme People's Court recently issued Provisions, in which it has prescribed the procedures for objection and reconsideration, in addition, it has also clarify some rules on dealing with those relevant practical disputes. The main content includes: Procedures To set the deadline for acceptance: in principle, enforcement objection cases shall be accepted within three days; To avoid postponing an enforcement…

Civil retrial shall be petitioned by 3 methods, the higher level court retries the case; the direct retrial; and the remand for retrial. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Trial Supervision Procedure of the Civil Procedure" promulgated in 2008, the higher level court retry the case shall be the…

In order to correspond with the current Patent Law and its judicial interpretation, Decision has been made, which futher explains the patent evaluation report, the principle on defining an infringement, the amount of compensation and etc. The key points of Decision are as follows: The implementation of the patent evaluation report as stipulated in the Patent Law The plaintiff may…

SAT has released "GAAR" recently, which has further specified the relevant rules on the general anti-avoidance, based on the Corporate Incoming Law and its Detailed Implementation Rules, and Implementation Measures on Special Tax Adjustments (Trial). Then main content includes: Application scope Arrangements not involving cross-border transaction or payment; and Illegal tax behaviors potentially related to avoiding tax payments, avoiding paying…