Features & Analyses

The real estate and construction industry is one that has gone through many changes recently, and the government has made various attempts to control certain aspects of it with changes to the regulatory environment. Will investment in China continue in this industry and will the law evolve alongside it, or are new changes imminent? China Law & Practice takes a closer look at the field, what the lawyers have to say, and what the future will bring for China.

On May 12, 2008 the Supreme People's Court promulgated the Interpretation of Some Issues regarding the Application of the PRC Company Law, which became effective on May 19, 2008. The new interpretation provides guidelines on the application of Chapter 10 of the Company Law on dissolution and liquidation of companies incorporated in China, including foreign invested enterprises and domestically owned companies, both limited liability companies and joint stock companies.

The election of Ma Ying-jeou as Taiwanese president is good news for Taiwan but lawyers agree economic reforms and direct flights to the PRC are two issues that need urgent attention. China Law & Practice invited six lawyers from Taiwan's leading law firms to discuss the implications of Ma Ying-jeou's election victory.

Refuse-derived fuel is a source of renewable energy that is being increasingly utilised in developed countries. The aim of this article is to describe the legal framework governing this area of Chinese environmental law in an effort to give some insights that are useful for the prospective economic assessment of RDF projects by foreign investors.

China is not a free economy. Every business activity is regulated. According to current PRC laws and regulations, any established presence of a foreign company shall be approved and lodged with relevant government authorities. Unregistered business activities may be caught and deemed illegal by Chinese government authorities.

The beginning of this year saw the introduction of a series of laws that have an immense effect on the labour market in the PRC. Many of their provisions have been expected and prepared for, while other areas of employment law remain unclear for many employers operating in the PRC. Therefore, knowledge of their content is essential for every market player with the need for hiring workers within the country.

The PRC Law on the Mediation and Arbitration of Employment Disputes is another important step made by the Standing Committee of the PRC National People's Congress after its promulgation of the Labour Contract Law in June 2007. Both this and the Labour Contract Law are intended to better protect the legitimate rights and interests of employees and employers, with the latter in respect of the substantive law and the former in respect of the procedural system.

The General Administration of Customs of the People's Republic of China recently released its Decision on Amending the PRC Customs Measures for the Supervision of Processing Trade Goods (Decision), which has been in effect since 2004. The new measure was announced on 14 January 2008 and took effect since 1 March 2008. This development heralds the end of a long process of outward processing trade reform that will see the upgrade of China's processing trade.

M&A deals were a boom industry in China last year. Leading international and local law firms have been advisors to many significant deals which showcased just how ripe the environment has been in China for major business activity.