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Provisions will become effective as of 15 March 2014. Provisions has regulated the guarantee of defective products, claiming for breaching of contract or tort, burden of proof for disputes involving food and drugs. Principle for the guarantee of defective products Where any buyer claims rights against producer and seller, because the buyer purchases food or drug in the condition of…

"Notice” has been issued on Dec. 6, 2013, which will come into force on Jan. 1, 2014. The highlights of this “Notice” on Individual Income Tax (“IIT”) on enterprise annuities or occupational annuities are as follows: Deferred IIT treatment. According to the previous regulations, contributions for enterprise annuities shall be combined with the regular salary and calculate the IIT payable…

With the development of E-commerce, Chinese government encourages and promotes the development of E-commerce, while also strengths the management of the transaction security of E-commerce. In 2013, the State Council and MOFCOM have released relevant new regulations. Meanwhile, MOFCOM and SAIC have published the draft for soliciting opinions on the management of cyber transaction, and the relevant regulations are likely…

The Decision of the Standing Committee of the National People's Congress on Amending the Law on the Protection of Consumer Rights and Interests (“Decision”) , which had been adopted by the National People's Congress on Oct. 25. The Amendment will come into force on Mar. 15, 2014. The Decision includes 31 articles. Hereinafter is the brief introduction of those articles.…

On September 5th, 2013, the Supreme People’s Court ("SPC") issued Provisions, effective as of September 16th, 2013. The Provisions include 48 articles, specifying the concerns relating to the property of the debtor in such perspectives as the definition for the property of the debtor, the right of rescission, the right of recall, the right of setoff, the release of preservation…

Amendment of "Trademark Law" is adopted at the 4th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 30, 2013, which will come into force in May, 2014. The highlights of Amendment lie in: Clarify the definition of “Trademark Use” Amendment has stipulated the methods and aim of “Trademark Use”,…

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…

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…

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…

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…