Professional Documents
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China Business Law
China Business Law
4.REGISTERING PROPERTY – PROCEDURES, TIME AND COST TO REGISTER COMMERCIAL REAL ESTATE
5.GETTING CREDIT – STRENGTH OF LEGAL RIGHTS INDEX, DEPTH OF CREDIT INFORMATION INDEX
6.PROTECTING INVESTORS – INDICES ON THE EXTENT OF DISCLOSURE, EXTENT OF DIRECTOR LIABILITY AND
EASE OF SHAREHOLDER SUITS
7.PAYING TAXES – NUMBER OF TAXES PAID, HOURS PER YEAR SPENT PREPARING TAX RETURNS AND TOTAL TAX
PAYABLE AS SHARE OF GROSS PROFIT
8.TRADING ACROSS BORDERS – NUMBER OF DOCUMENTS, COST AND TIME NECESSARY TO EXPORT AND IMPORT
9.ENFORCING CONTRACTS – PROCEDURES, TIME AND COST TO ENFORCE A DEBT CONTRACT
10.RESOLVING INSOLVENCY – THE TIME, COST AND RECOVERY RATE (%) UNDER BANKRUPTCY PROCEEDING
EASE OF DOING BUSINESS RANKINGS
Country 2019 Rank 2018 Rank 2017 Rank 2016 Rank 2015 Rank
New Zealand 1 1 1 2 2
Singapore 2 2 2 1 1
TRADE OTHERS
•
INTERNATIONAL TRADE
ANTI-DUMPING AND ANTI-SUBSIDY REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA - 1997
• ADMINISTRATION RULES ON THE EXCHANGE AND TRADING OF GOODS BY BORDER RESIDENTS - 1999
• LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION - 1989
• PROVISIONS FOR THE EXEMPTION OF IMPORT AND EXPORT COMMODITIES FROM INSPECTION - 1994
• PROVISION FOR THE ADMINISTRATION OF QUALITY LICENSE FOR THE EXPORT OF LIGHT INDUSTRIAL MACHINERY AND ELECTRONIC PRODUCTS - 1995
• PROVISIONS FOR INDUSTRY INJURY INVESTIGATIONS AND DECISIONS OF ANTIDUMPING CASES - 2002
• REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION - 1992
• REGULATIONS OF THE CUSTOMS GENERAL ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE MANAGEMENT OF AGENT DECLARATION
ENTERPRISES - 1995
• THE REGULATIONS OF THE SUPREME PEOPLE'S COURT ON SEVERAL ISSUES CONCERNING THE TRIAL OF INTERNATIONAL TRADE ADMINISTRATIVE CASES
(SUMMARY) - 2002
IMPORT AND EXPORT
• ADMINISTRATIVE PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON CERTIFICATE OF ORIGIN FOR EXPORT GOODS - 1996
• CIRCULAR OF MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION, STATE PRESS AND PUBLISHING ADMINISTRATION AND
CUSTOMS GENERAL ADMINISTRATION ON THE ADMINISTRATION OF IMPORTS OF CD MANUFACTURING EQUIPMENT - 1996
• DETAILED RULES FOR THE IMPLEMENTATION OF THE METHODS ON EXPORT QUOTA BIDDING WITH COMPENSATION -1996
• INTERIM PROVISIONS FOR ADMINISTRATION OF EXPORTING FRESH, LIVE AND FROZEN GOODS TO HONG KONG AND MACAO - 1996
• INTERIM REGULATIONS OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION ON PUNISHMENT FOR CONDUCT OF
EXPORTING AT LOWER-THAN-NORMAL PRICE
• THE NOTICE ON ADJUSTING CERTAIN PREFERENTIAL IMPORT TAX AND DUTY POLICIES (SUMMARY)
• NOTICE ON POLICIES FOR REFORM AND ADJUSTMENT OF IMPORT TAX (SUMMARY) - 1995
• REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF ARMS EXPORT - 1998
• REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATION OF TECHNOLOGY IMPORT AND EXPORT - 2001
• REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF NUCLEAR DUAL-USE ITEMS AND RELATED
TECHNOLOGIES EXPORT - 1998
• CIRCULAR OF THE STATE COUNCIL CONCERNING THE RELEVANT ISSUES IN STRICT IMPLEMENTATION OF THE STATE
POLICY ON NUCLEAR EXPORT - 1997
• IMPLEMENTATION RULES ON SMALL-VOLUME FRONTIER TRADE OF IMPORTING MACHINERY AND ELECTRONIC PRODUCTS
- 1996
• PROVISIONS FOR THE ADMINISTRATION OF QUALITY LICENSE FOR THE EXPORT OF LIGHT INDUSTRIAL MACHINERY AND
ELECTRONIC PRODUCTS
• REGULATIONS ON THE EXAMINATION AND APPROVEL OF FOREIGN-FUNDED ENTERPRISES SERVING AS AGENTS FOR
INTERNATIONAL CARGO TRANSPORT - 1995
OTHERS
• CIRCULAR OF THE MINISTRY OF FOREIGN TRADE AND ECONOMIC COOPERATION
AND THE MINISTRY OF COMMUNICATIONS ON ISSUES PERTAINING TO THE
ESTABLISHMENT OF FOREIGN FUNDED SHIPPING COMPANIES IN CHINA
• DETAILED IMPLEMENTATION REGULATIONS ON THE DISTRIBUTION AND
ADJUSTMENT OF ANNUAL QUOTAS FOR SUPPLYING LIVESTOCK TO HONG KONG
AND MACAO
• PROVISIONAL REGULATIONS ON TRADE ADMINISTRATION OF TECHNOLOGY
INTRODUCTION AND EQUIPMENT IMPORTATION
ANTI-DUMPING AND ANTI-SUBSIDY REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA - 1997
Table of Contents
These regulations are formulated in accordance with the "Foreign Trade Law of the People's Republic of China" in order to maintain
CHAPTER 1 General Provisions
foreign trade order and fair competition and to protect domestic industry.
CHAPTER 2 Dumping and Injury Dumping occurs when the export price of an imported product is less than its normal value. Methods to determine normal price.
Domestic producers of products identical or similar to imported goods, or their related organizations (hereinafter referred to as "the
CHAPTER 3 Anti-Dumping Investigation applicant"), may submit a written application for an anti-dumping investigation to MOFTEC in accordance with the provisions of these
regulations.
If the initial ruling establishes the existence of dumping and of resultant injuries to corresponding domestic industries, temporary anti-
CHAPTER 4 Anti-Dumping Measures
dumping measures may be adopted.
A subsidy is a financial support or benefit directly or indirectly provided to an industry or enterprise by a foreign government or public
CHAPTER 5 Special Anti-Subsidy Provisions
organization for industries and enterprises.
Based upon actual circumstances, the People's Republic of China may adopt corresponding measures against any country or region
CHAPTER 6 Supplementary Provisions
adopting discriminatory anti-dumping or anti-subsidy measures against its exports.
CONSTITUTION OF THE PEOPLE'S REPUBLIC
OF CHINA
• THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF
CHINA IS THE HIGHEST LAW WITHIN THE PEOPLE'S
REPUBLIC OF CHINA.
• CURRENT VERSION ADOPTED BY THE NATIONAL
PEOPLE'S CONGRESS ON DECEMBER 4, 1982
• THE CONSTITUTION HAS 5 SECTIONS
5 SECTIONS OF CONSTITUTION
1. THE PREAMBLE
2. GENERAL PRINCIPLES
3. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
4. THE STRUCTURE OF THE STATE
5. THE NATIONAL FLAG AND EMBLEMS OF STATE.
CONSTITUTION OF THE PEOPLE'S REPUBLIC
OF CHINA
• THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA IS THE HIGHEST LAW
WITHIN THE PEOPLE'S REPUBLIC OF CHINA.
• CURRENT VERSION ADOPTED BY THE NATIONAL PEOPLE'S CONGRESS ON
DECEMBER 4, 1982
• THE CONSTITUTION HAS 5 SECTIONS
• THE CONSTITUTION WAS AMENDED ON MARCH 14, 2004 TO INCLUDE GUARANTEES
REGARDING PRIVATE PROPERTY ("LEGALLY OBTAINED PRIVATE PROPERTY OF THE
CITIZENS SHALL NOT BE VIOLATED,") AND HUMAN RIGHTS ("THE STATE RESPECTS
AND PROTECTS HUMAN RIGHTS.“ )
ARBITRATION LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
• ADOPTED AT THE NINTH STANDING COMMITTEE
SESSION OF THE EIGHTH NATIONAL PEOPLE'S
CONGRESS ON AUGUST 31, 1994. AND PROMULGATED
BY THE DECREE NO.31 OF THE PRESIDENT OF THE
PEOPLE'S REPUBLIC OF CHINA ON OCTOBER 31, 1994.
ARBITRATION RULES OF THE CHINA
INTERNATIONAL ECONOMIC AND TRADE
ARBITRATION
• ADOPTED ON MARCH 17, 1994 AT THE FIRST SESSION OF
THE STANDING COMMITTEE OF THE SECOND NATIONAL
CONGRESS OF THE CHINA COUNCIL FOR THE
PROMOTION OF INTERNATIONAL TRADE (CHINA
CHAMBER OF INTERNATIONAL COMMERCE). EFFECTIVE
JUNE 1, 1994.
TRADEMARK LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
• ADOPTED AT THE 24TH SESSION OF THE STANDING COMMITTEE OF THE FIFTH NATIONAL
PEOPLE'S CONGRESS, ON AUGUST 23, 1982.
• ADMINISTERED BY THE TRADE MARK OFFICE (WITH AN APPEAL FUNCTION ADMINISTERED
BY THE TRADEMARK REVIEW AND ADJUDICATION BOARD AND THE COURTS).
• ONLY REGISTERED TRADE AND SERVICE MARKS ARE PROTECTED IN THE PRC, THERE IS
NO COMMON LAW PROTECTION FOR UNREGISTERED TRADEMARKS (EXCEPT FOR "WELL-
KNOWN").
• THE TWO PRINCIPAL PIECES OF LEGISLATION FORMING THE TRADEMARK SYSTEM ARE THE
1. TRADEMARK LAW
2. THE UNFAIR COMPETITION LAW.
THE INTERNATIONAL COPYRIGHT TREATIES
• PROMULGATED ON SEPTEMBER 25, 1992 BY DECREE NO. 105 OF
THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA, AND
EFFECTIVE AS OF SEPTEMBER 30, 1992.
• PROVISIONS ARE FORMULATED TO IMPLEMENT THE
INTERNATIONAL COPYRIGHT TREATIES AND TO PROTECT THE
LEGITIMATE RIGHTS AND INTERESTS OF THE OWNERS OF
COPYRIGHT IN FOREIGN WORKS.
PROVISIONS ON NATIONAL STANDARDS
INVOLVING PATENTS
• ON SEPTEMBER 21, 2004, THE STANDARDIZATION ADMINISTRATION COMMITTEE
(SAC) UNDER THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION,
INSPECTION AND QUARANTINE, CIRCULATED FOR PUBLIC COMMENT A DRAFT
OF THE PROVISIONS ON NATIONAL STANDARDS INVOLVING PATENTS.
• THE DRAFT PROVISIONS APPLY THE CONCEPTS AND DEFINITIONS CONTAINED
IN THE PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA TO THE
FORMULATION OF NATIONAL STANDARDS FOR PATENTED HIGH AND NEW
TECHNOLOGIES
PROVISIONS ON NATIONAL STANDARDS
INVOLVING PATENTS CONTD..
• A PROPOSAL FOR A NATIONAL STANDARD THAT INCLUDES PATENTED
TECHNOLOGIES MUST INCLUDE AN ANNOTATED LIST OF THE PATENTED
TECHNOLOGIES, TOGETHER WITH DOCUMENTARY EVIDENCE REGARDING THE
PATENTS, AS WELL AS A DECLARATION FROM THE PATENTEE TO PERMIT ANY
USER OF THE NATIONAL STANDARD
1. TO EXPLOIT THE PATENT FOR FREE OR
2. TO EXPLOIT THE PATENT UNDER REASONABLE AND NON-DISCRIMINATORY
CONDITIONS AND TIME PERIODS.
SHANGHAI'S REGULATIONS TO LURE FOREIGN INVESTMENT
IN HOPES OF ADVANCING INDUSTRY REFORM, SHANGHAI IS REDOUBLING ITS EFFORTS TO IMPROVE THE INVESTMENT
ENVIRONMENT THROUGH FIVE NEW MEASURES THAT PROMOTE INTERNATIONAL PRACTICES IN ECONOMIC OPERATIONS
2. ENCOURAGING FOREIGN INVESTORS TO ACQUIRE STATE-OWNED ENTERPRISES: SHANGHAI WILL ALLOW FOREIGN INVESTORS TO
ACQUIRE PART OF THE ASSETS OF STATE-OWNED ENTERPRISES AND USE THEM TO FORM JOINT VENTURES OR WHOLLY FOREIGN-
OWNED ENTERPRISES.
3. PROMOTING USE OF CAPITAL MARKETS IN SETTING UP JOINT VENTURES: WHILE ENCOURAGING DOMESTIC ENTERPRISES TO LIST
OVERSEAS, SHANGHAI WILL ALLOW FOREIGN INVESTORS TO BUY THE STATE-HELD SHARES AND CORPORATE SHARES OF LISTED
CHINESE COMPANIES AND WILL PERMIT JOINT VENTURES TO BE LISTED DOMESTICALLY.
4. INCREASING RELIANCE ON FINANCIAL AND OTHER INTERMEDIARY INSTITUTIONS TO LURE FOREIGN BUSINESSES: SHANGHAI WILL
INVITE FOREIGN BUSINESSES AND ABSORB FOREIGN INVESTMENT BY INCREASING RELIANCE ON THE SERVICES OF DOMESTIC AND
OVERSEAS FINANCIAL INSTITUTIONS AND OTHER INTERMEDIARY INSTITUTIONS.
5. ABSORBING FOREIGN INVESTMENT: SHANGHAI WILL SIMPLIFY APPROVAL PROCEDURES AND ENHANCE THE EFFICIENCY OF THE
APPROVAL PROCESS. FOREIGN INVESTORS WILL BE ENCOURAGED TO INVEST IN THE SHANGHAI INDUSTRIAL DEVELOPMENT ZONE,
ESPECIALLY IN THE INFORMATION INDUSTRY AND OTHER HIGH-TECH SECTORS.
EXPORT PROCESSING ZONES
• ON SEPTEMBER 24, 2004, THE SHANGHAI MUNICIPAL PEOPLE'S GOVERNMENT ISSUED THE
MEASURES ON THE ADMINISTRATION OF EXPORT PROCESSING ZONES, EFFECTIVE ON NOVEMBER
1, 2004.
• THE MEASURES SET FORTH THE SCOPE OF AUTHORITY AND APPROVAL LIMITS OF THE
ADMINISTRATIVE COMMISSION FOR THE ESTABLISHMENT OF ENTERPRISES WITHIN THE TWO
ZONES, AND RESTATE THE AUTHORITIES AND RESPONSIBILITIES OF THE DEPARTMENTS IN
CHARGE OF INDUSTRY AND COMMERCE, PLANNING, LAND, CONSTRUCTION, HYGIENE,
ENVIRONMENT PROTECTION, CUSTOMS, LABOR AND SOCIAL SECURITY.
LAW OF THE PEOPLE'S REPUBLIC OF CHINA
ON IMPORT AND EXPORT COMMODITY
INSPECTION
• THIS LAW IS ENACTED WITH A VIEW TO STRENGTHENING THE INSPECTION OF
IMPORT AND EXPORT COMMODITIES, ENSURING THE QUALITY OF IMPORT AND
EXPORT COMMODITIES, PROTECTING THE LAWFUL RIGHTS AND INTERESTS OF
THE PARTIES INVOLVED IN FOREIGN TRADE, AND PROMOTING THE SMOOTH
DEVELOPMENT OF CHINA'S ECONOMIC AND TRADE RELATIONS WITH FOREIGN
COUNTRIES.
FOREIGN TRADE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
• THIS LAW IS FORMULATED WITH A VIEW TO DEVELOPING THE FOREIGN TRADE, MAINTAINING THE
FOREIGN TRADE ORDER AND PROMOTING A HEALTHY DEVELOPMENT OF THE SOCIALIST MARKET
ECONOMY.
• CHAPTER I PRINCIPLES