Law for Foreign Business and Investment in China by Vai Io Lo

By Vai Io Lo

In attempting to identify a presence in China, overseas traders have stumbled on it relevant to appreciate the regulatory surroundings of this in all likelihood large marketplace. This ebook presents an updated evaluation of the felony framework for doing company in China. It covers such issues as nation constitution; legislative amendments and enactments on direct overseas funding; the court docket method; the felony occupation; enterprise entities; international funding agencies; contracts; highbrow estate; hard work and employment; buyer safeguard; taxation; securities; and dispute answer. except explaining felony rules, the booklet highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates advanced criminal thoughts with examples of courtroom judgements; discusses proper international alternate and funding polices; and features a thesaurus of chinese language phrases.

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During the lease term, the lessee is to reach the annual business target and to remit rents to the lessor. In either the contract or lease case, the key player is the “operator of the enterprise,” who can be an individual, a group, or another enterprise. If the “operator of the enterprise” is an individual, he or she will be the enterprise director. If the “operator of the enterprise” is a group or another enterprise, it will appoint or dispatch the enterprise director. Under the director responsibility system, the enterprise director is the legal representative of the enterprise, and, with the assistance of a management committee, administers the enterprise’s operations.

Moreover, China adopts a two-trial system, namely, one trial at the court of first instance and one appeal at the court of second instance. In each court, there are various divisions. Most courts have the criminal division, civil division, and administrative division. Some courts also have other divisions, such as the 16 An overview of the Chinese legal system economic division, intellectual property division, and bankruptcy division. The criminal division deals with crimes, the civil division hears civil disputes, and the administrative division processes complaints against government organs.

In China, a business idea can be materialized in various forms, depending on the type of ownership. For decades, there were virtually only two kinds of business entities in China – state-owned enterprises and collectively owned enterprises – because China had a command economy and private property rights were not recognized. However, as China has adopted various economic reforms and embarked on developing a socialist market economy, other types of business entities have gradually emerged. At the early stage of reform, the Chinese government allowed individuals to become getigongshanghu (个体工商户) or getihu (个体户).

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