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  • 【中国】 PRC Launches Information Website for Bankrupt Enterprises and Sets Up Bankruptcy Courts pdficon_small.png

    The People’s Republic of China (“PRC”) recently launched two initiatives in relation to enterprise bankruptcies.

    On 1 August 2016, the Supreme People’s Court (the “SPC”) launched the Information Website for National Bankrupt Enterprises RecombinationalCases (the “Website”). The Website will be used as a centralised information system through which information and actions relating to enterprise bankruptcy proceedings will be published and undertaken.

    On 27 September 2016, Beijing established the first specialised bankruptcy court in PRC under its No. 1 Intermediate People’s Court.
    Shanghai, Tianjin, Chongqing. Eleven other provinces are also expected to set up specialised bankruptcy courts under their respective intermediate people’s courts later this year.

    アジア・オセアニア|中国|2016年10月18日

  • 【中国】 China: Food Traders to Comply with New Measures Governing Online Food Safety pdficon_small.png

    The China Food and Drug Administration (“CFDA”) has released the new Measures of the Investigation and Punishment of Illegal Conducts Concerning Online Food Safety (“Order 27”), governing online activities by food producers and operators and their third party platform providers. Order 27 came into force on 1 October 2016.

    Order 27 is aimed at improving transparency and accountability of online food sales and advertising (“online food trading”).
    Order 27 applies to all food producers and operators (including delivery service providers) engaged in online food trading (“food traders”) as well as any third party platform that supports online food trading (“third party platforms”).

    Foreign food traders who use information from their home country web pages on their Chinese trading pages must now take special care to ensure that their online information complies with requirements under Chinese law.

    アジア・オセアニア|中国|2016年10月17日

  • 【香港】 Hong Kong’s New Forms and Guidance on Automatic Exchange of Information for Tax Purposes pdficon_small.png

    The Hong Kong Inland Revenue Department (“IRD”) published on its website in September 2016 new materials on automatic exchange of information (“AEOI”) in Hong Kong.

    The new materials include the following:

    1) Sample Self-Certification Forms.
    2) Updated Frequently Asked Questions.
    3) AEOI Pamphlets.
    4) Financial Account Information Return XML Schema and User Guide.
    5) Guidance for Hong Kong Financial Institutions (“HK FIs”).

    These materials follow the new Hong Kong legislation that adopted the OECD Common Reporting Standard (“CRS”), an amendment to the Inland Revenue Ordinance which was gazetted on 30 June 2016 (“the HK AEOI legislation”). Starting 1 January 2017, all HK FIs will be required to comply with the due diligence and reporting obligations under the HK AEOI legislation.
    The new materials published by the IRD will help HK FIs prepare for the implementation of AEOI as they provide more detailed guidance on various questions and issues not covered by the HK AEOI legislation. In addition, the sample self-certification forms, although not mandatory, are likely to be adopted by many HK FIs.

    アジア・オセアニア|香港|2016年10月14日

  • 【中国】 New Rules Broaden Definition of Electronic Data and Clarify Procedures for Data Collection and Review in Criminal Cases in China pdficon_small.png

    On 9 September 2016, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security of the People’s Republic of China (“PRC”) jointly issued the New Rules on Electronic Data Collection, Extraction and Review in Criminal Cases (“New Rules”), which will take effect on 1 October 2016.
    Previously, PRC regulations regarding electronic data collection and review were considered scattered and high-level, often causing confusion and uncertainty to the authorities as well as target companies under investigation. Among other things, the New Rules define the scope of electronic data, specify the powers of the investigation authorities and set out detailed requirements on collection, extraction and transfer, including the consequences for failure to observe these requirements. Our alert discusses the implications of the New Rules.

    アジア・オセアニア|中国|2016年10月05日

  • 【中国・香港】 Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators pdficon_small.png

    The recent decision of the Hong Kong court in Re Rennie Produce (Aust) Pty Ltd (In Liquidation in Australia) (HCMP 1640/2016, 26 August 2016), together with the prior decision in Re Joint Official Liquidators of Centaur Litigation SPC (In Liquidation) (HCMP 3389/2015, 3391/2015 and 3393/2015, 10 March 2016) have confirmed the court’s willingness to accede to letters of request issued by foreign courts for the recognition and assistance of foreign liquidators.

    アジア・オセアニア|香港|2016年09月30日

  • 【カンボジア・ラオス・ベトナム】 Indochina Law Quarterly pdficon_small.png

    In this issue, you will find reports on a number of important legal and economic developments in Laos, Cambodia, and Vietnam from January to June 2016. The deluge, not the dearth, of new legal developments lead to this combined Spring and Summer versions of our "Quarterly" for only the second time in its two-decade plus history. We hope you will understand.

    In Cambodia, there have been significant adjustments to tax law and administration, as well as a new Law on Telecommunications. In Laos, local language labelling rules has been adopted, as well as a new, comprehensive competition law to deal with unfair trade practices, merger controls and common anti-competitive restraints of trade.

    In Vietnam, even while the Government redoubled its efforts to control red tape and streamline the bureaucracy, the Ministry of Industry and Trade issued a draft of new licensing requirements for various steps in the trade and distribution part of the supply chain. Meanwhile, the State Bank issued important new rules overhauling the legal framework for the establishment and operation of non-bank credit institutions, fine tuned the rules on derivatives trading, and clarified the rules governing foreign exchange lending. A long awaited new decree on foreign representative offices and branches was issued, apparently limiting the scope of operation of representative offices with the intention of encouraging foreign traders to move to taxable branches or subsidiaries, but the immediate impact has been muted.

    At the same time, the implementing rules for Vietnam's recently amended Investment Law and Enterprise Law continue to dribble out, having gone through extensive stakeholder consultations. Implementing measures for the Korea-Vietnam Free Trade Agreement, which took effect at the end of 2015, are streamlining the import and export activities of the growing Korean invested electronics industry in Vietnam, even while the more general Law on Import and Export Duties strengthened Vietnam's remedies in terms of anti-dumping, countervailing duties and safeguards. Other important new developments in the areas ranging from online information security to insurance regulation, investment incentives to employment matters and a new Law on Treaties intended to pave the way for TPP implementation all left plenty of new legal material for the business community to digest. On the other hand, an amended Penal Code, which generated widespread concern with new crimes such as wrongful dismissals and operating a website without a license was recalled for reconsideration by the National Assembly before it entered into effect.

    アジア・オセアニア|カンボジア|2016年09月20日

  • 【中国】 China Further Liberalises Regime for Administration of Foreign-Invested Enterprises pdficon_small.png

    On September 3, 2016, the Standing Committee of the National People’s Congress passed the Decision on the Amendment of Four Laws1 including the Law of the People’s Republic of China on Wholly Foreign Owned Enterprises (the “Decision”), which amendment will become effective on October 1, 2016. Under the Decision, a recordal system (“Recordal System”) for the establishment and administration of corporate changes of foreigninvested enterprises (“FIEs”) in “industries that are not subject to special administration measures for entry” is now implemented on a nationwide basis.

    On the same day, the Ministry of Commerce (the “MOFCOM”) released a draft of the Interim Measures for the Administration of the Recordal of the Establishment and Change of Foreign-Invested Enterprises (the “Draft Measures”) for public comment until September 22, 2016. Under the Draft Measures, which will come into effect from October 1, 2016,“industries that are not subject to special administration measures for entry” are basically those which will be listed in a “negative list” for foreign investment (the “Negative List”), similar to the ones that have been adopted in the four pilot free trade zones (“FTZs”) in Shanghai, Guangdong, Tianjin and Fujian.
    The Decision and the Draft Measures represent China’s attempts to further relax the regime for the administration of FIEs on a nationwide basis.

    アジア・オセアニア|中国|2016年09月15日

  • 【中国】 China Employment Law UpdateLandmark Decision Confirms Voting Rights of Owners of Sub-Divided Flats in Mixed Buildings pdficon_small.png

    In the most recent Court of Appeal decision of Chow Chui Chui & others (including the Incorporated Owners of Ka Wing Building) vs Kafull International Limited & others (CACV 33 & 34 of 2015) (the “CA Decision”), the Hong Kong Court of Appeal (“CA”) confirmed that owners of subdivided units in a multi-storey building are owners under the Building Management Ordinance (“BMO”) and shall be counted when determining the quorum and vote at incorporated owners’ meetings.
    This is an important ruling as it clarifies a previously unclear point of law decided by the Lands Tribunal in relation to the status of owners of such units. Our alert will discuss the CA Decision and its implications.

    アジア・オセアニア|中国|2016年09月12日

  • 【中国】 China Employment Law Update pdficon_small.png

    • New Measures Increase Company Responsibility for Labor Unrest
    • New Salary Payment Regulations in Shanghai
    • Employers Face Liability for Unpaid High-Temperature Subsidies
    • Occupational Disease Approval Procedures Cancelled for Most Construction Projects
    • Shanghai Court Rules Employee Wrongfully Terminated for Refusing Job Reassignment
    • Court Rules that Personal Information Form and Confidentiality Agreement Cannot Serve as Written Employment Contract
    • Beijing Court Upholds Transferred Employee’s Reinstatement Claim Against Successor Entity

    アジア・オセアニア|中国|2016年09月09日

  • 【中国・香港】China Tax Monthly pdficon_small.png

    In this issue of the China Tax Monthly, we will discuss the following tax developments in China:

    1. The SAT Issues New Guidelines for HNTE Recognition
    2. New Protocol Amends the China-Macau Double Taxation Arrangement
    3. New China-Germany Double Tax Treaty Applies to Income Derived on or after 1 January 2017
    4. Beijing Case: 15 Non-resident Enterprises Taxed on Indirect Transfers
    5. Ningxia Case: Hong Kong Company Denied Treaty Benefits for Dividends
    6. Shandong Case: Trustee Escaped Tax on Trust Income

    アジア・オセアニア|中国|2016年09月05日

  • 【中国・香港】Failure to Specify Arbitral Seat in the Arbitration Clause May Result in Unenforceable Award pdficon_small.png

    In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. This outcome could have been avoided if the parties had specified a suitable arbitral seat in the arbitration clause. Our alert will discuss this case and provide recommendations for avoiding such outcomes.

    アジア・オセアニア|中国|2016年08月30日

  • 【中国】 China’s New Judicial Interpretation Clarifies Criteria and Punishment for Bribery Offences pdficon_small.png

    The Supreme People’s Court (“SPC”) and the Supreme People’s Procuratorate’s (“SPP”) have released the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Related to Graft and Bribery/关于办理贪污贿赂刑事案件适用法律若干问题的解释 (“Interpretation”) which includes clarifying sentencing criteria for official (those involving government officials) and commercial bribery offences.
    The Interpretation, issued on 18 April 2016, supplements the Criminal Law revised in late 2015 (“Ninth Amendment”) and strengthens the continuing anti-graft campaign in China. Our alert discusses the key features of the Interpretation.

    アジア・オセアニア|中国|2016年08月24日

  • 【中国】 State Administration of Taxation Bulletin on Matters Related to Enhancing the Declaration of Related Party Transactions and the Administration of Contemporaneous Documentation pdficon_small.png

    In accordance with the Enterprise Income Tax Law of the People’s Republic of China (hereinafter referred to as “Enterprise Income Tax Law”) and the implementing regulations issued thereunder, as well as the Law of the People’s Republic of China for the Administration of the Levy and Collection of Taxes (hereinafter referred to as the “Tax Collection Law”) and the detailed implementing rules issued thereunder, in order to further enhance the declaration of related party transactions and the administration of contemporaneous documentation, the relevant issues are announced.

    アジア・オセアニア|中国|2016年08月12日

  • 【中国】 China Revamps The Cross-Border E-Commerce Regime pdficon_small.png

    From April to May 2016, the Ministry of Finance (“MOF”), General Administration of Customs (“GAC”), China Food and Drug Administration (“CFDA”) and State Administration of Taxation (“SAT”), published several new regulations to revamp China’s cross-border e-commerce regulatory regime.

    This regulatory regime was initially introduced by GAC in early 2014, in order to regulate the sale of goods by overseas retailers directly to Chinese customers through approved e-commerce platforms (referred to as the “Pilot Program”). In parallel, China continued to allow individual consumers to purchase consumer goods through foreign websites not falling under the Pilot Program, and have the goods imported into China through traditional courier or postal channels, so long as the goods satisfied the quantity and value requirements for “personal articles” (referred to as the “Personal Article Program”).

    アジア・オセアニア|中国|2016年08月08日

  • 【中国・香港】 Hong Kong Court of Final Appeal Confirms Money Laundering Offence Does Not Require Actual Knowledge Nor Does the Property Need to be Actual Proceeds of Crime pdficon_small.png

    There are increasingly aggressive efforts by regulators and now by the judiciary in Hong Kong in combating money laundering. The recent judgment of the Hong Kong Court of Final Appeal (“CFA”) in HKSAR v Yeung Ka Sing Carson (“Carson Yeung Appeal”) serves as a timely reminder of the potential substantial risks in failed AML efforts. The CFA has confirmed, among other things, that on a charge of dealing with proceeds of crime contrary to s 25 (1) of the Organized and Serious Crimes Ordinance (“OSCO”), the prosecution only needs to show that when an accused dealt with certain property, he or she knew, or had reasonable grounds to believe that such property represented the proceeds of an indictable offence. The property does not need to be actual proceeds of crime. It is said by the CFA that there are strong policy reasons favouring this conclusion. This alert will discuss the Carson Yeung Appeal and what clients can do when faced with suspicious transactions.

    アジア・オセアニア|中国|2016年08月03日

  • 【中国】 China Introduces New Transfer Pricing Documentation Rules to Implement BEPS Country-by-Country Reporting pdficon_small.png

    On 13 July 2016, the State Administration of Taxation (SAT) finally released the long-awaited Bulletin 42 to revise the transfer pricing documentation requirements under Circular 2. By introducing the key recommendations under Action Plan 13 of the Base Erosion and Profit Shifting (BEPS) Project, Bulletin 42 will have a far-reaching impact on taxpayers.

    In this alert, we will first look at who is affected by Bulletin 42. We will then discuss key provisions introduced under this bulletin and their implications on multinational companies (MNCs). Finally, we will provide some recommendations to MNCs on how to ensure compliance with the new transfer pricing documentation requirements and how to develop appropriate strategies to safeguard their tax interests in China.

    アジア・オセアニア|中国|2016年07月26日

  • 【中国・香港】 China Tax Monthly pdficon_small.png

    In this issue of the China Tax Monthly, we will discuss the following tax developments in China:

    1. Hong Kong Tax Residency Certificate Valid for Three Calendar Years for Treaty Purposes
    2. Jiangsu Case: Transfer Pricing Adjustments on Related-party Transaction Between Domestic Affiliates
    3. Ningxia Case: Share Transfer Price Adjusted Based on Internal Comparable Transactions
    4. Shandong Case: Transfer Pricing Adjustments to Outbound Royalty Payments
    5. Guangdong Case: China’s First Tax Litigation Case on Dual Employment Arrangements

    アジア・オセアニア|中国|2016年07月11日

  • 【香港】Employers Beware: Court of Appeal Upholds the Implied Term of Anti-Avoidance in Banker’s Employment Contract pdficon_small.png

    In Tadjudin Sunny v Bank of America, National Association (CACV 12/2015), the Court of Appeal (“CA”) recently confirmed the decision of the Court of First Instance (“CFI”), which had held that the Bank of America, National Association (“Bank”) was in breach of an implied term when it terminated the employment of Ms Tadjudin (“Tadjudin”), thwarting her ability to earn a bonus for 2007.

    Following the CA’s decision, employers in Hong Kong could face claims for breach of the implied term of anti-avoidance if they engage in conduct to prevent the operation of an express term in a contract, which would otherwise confer a certain or conditional benefit on the employee.

    アジア・オセアニア|香港|2016年06月22日

  • 【中国】Changes in Customs Declaration Requirements Herald Greater Scrutiny in China pdficon_small.png

    From 30 March 2016, importers and exporters are required to provide additional information when making customs declarations in China which could result in further scrutiny from Customs on the valuation of imported goods.

    Pursuant to the Amendments to the Standards of PRC Customs for the Completion of Import and Export Customs Declaration Forms issued by the General Administration of Customs (“GAC”) and effective from 30 March 2016 (“Announcement No. 20”), GAC amended the types of information that importers and exporters are required to provide when making customs declarations. Among the various additional items, the following items are of particular concern:
    a. Whether there is a special relationship between buyer and seller in the transaction;
    b. Whether the special relationship influenced the transaction value; and
    c. Whether there are any royalty payments.

    アジア・オセアニア|中国|2016年06月02日

  • 【中国・香港】 China Tax Monthly pdficon_small.png

    In this issue of the China Tax Monthly, we will discuss the following tax developments in China:
    1. China Signs the MCAA for Automatic Exchange of CbC Reports
    2. The SAT Issues New VAT Exemption Measures
    3. The SAT Revises Measures on Publishing Tax Noncompliance Cases
    4. Recordal Procedure Applies to Software and Integrated Circuit Enterprises Claiming EIT Incentives
    5. Shandong Case: Offshore Upstream Merger Disqualified from Notice 59 Exemption
    6. Taizhou Case: PRC Target Company Enterprise Required to Withhold Tax on Capital Gains
    7. Guiyang Case: Management Fee Deemed to be Distributed Dividends
    8. China Issues Tax Rules on Cross-border B2C E-commerce

    アジア・オセアニア|中国|2016年05月30日

 

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