Jenny Zhang, Attorney at Law, Lawyer in Dalian, China

Some laws and regulations regarding the administration of  foreign experts,  including 30 rules and orders, coveing exit-entry and residence, personal income tax, foreign exchange control, the Customs, employment in China, encouragement of setting-up business, experts settling dowm in China, scholars studing abroad, and One thousand expers plan”

 1. Administration of exit-entry and residence

a. general regulatins:

Law of the People’s Republic of China on Control of the Entry and Exit of Aliens 《外国人入境出境管理法》

Rules for the Implementation of the Law of the People’s Republic of China on Control of the Entry and Exit of Aliens《外国人入境出境管理法实施细则》

b. adminstration on foreign experts:

Notice on “Interim Measures on Entry and Exit ,  travel and  stay  of introducing foreign experts” 转发〈引进国外专家入境出境居留旅行管理暂行办法〉的通知

c. adminstration on high level talents

Notice on  “ Public Security Ministry, Foreign Affairs Ministry and related ministries facilitate foreign high level talents and investors in entry and residence ” 《转发公安部外交部等部门关于为外国籍高层次人才和投资者提供入境及居留便利规定的通知》

d. Permanent Residence

Measures for the Administration  of  Exmamination and Approval of Aliens’ Permanent Residence in China《外国人在中国永久居留审批管理办法》

2. Personal Income Tax

Individual Income Tax Law of the PRC 《中华人民共和国个人所得税法》

Regulation for the Implementaion of the Individual Income Tax Law of the PRC 《中华人民共和国个人所得税法实施条例》

Clarification of Questions in regard of  foreigner’s individual Income Tax 明确外籍个人所得税有关问题

3.Foreign Exchange Control

continued

Usually, I don’t like to write articles beyongd the topics of laws here in my legal blog. But this time, I am really angry, I intend to take advantage of my limited influence to tell a real Dalian.

I have no idea until I got the call from my best friend in Shanghai. She was too worried about me and the conditions in Dalian. When I got home at night on July 16, I got the whole picture on TV. Fire,exhausted  fireman, oil, polluted sea—all these days, my eyes and ears are flooded with these key words. Ten days passed, I decided to have a look by myself. 

Dalian New Port is an industrial port in Yellow Sea and it is about 35 kilometers from downtown. We drove to Dalian Development Zone, where is obviously affected by the oil. The rocks in the seashore are wearing black. No seagull at all.  Boshi Shore(which means white rocks), which is a famous seashore in Developent Zone and where sea-view buildings and fancy resteraunant located,  seems very ugly and the beautiful constrution form a distinct contrast with the dirty seashore.

We drove to one of my relatives. There we were told not to go to the New Port in that it is not accessible to visitors. We had to quit our plan but anyway, we would drive along to Gloden Pebble Beach. Misery! The shining fine white sand in the beach was gone forever, black , nothing but desolation. In this tourism season, it should have been full of visitors. BUT—

I felt very sorry for the scene. Even though I got the new from local govenment that the clean-up in the sea has made great development, I could not expect how long the beautiful beach would turn back to its oringinal picture.

Whose fault for this disaster? NO NEWS. How to compensate? NO NEWS. But I got that  the distance of  oil tanks is only 5 meters, which is the minimum distance speculated in the  Code for design of petroleum depots. When the fire broke up, the fire fighter truck could not go through the oil tanks to  the site of the explosion and thus delayed the putting out.

for more information, pls check China Dalian oil spill cleaned nine days after accident.

News from DalianNews.

The U.S. International Trade Commission has found in favor of a Dalian steel company, in an anti-dumping case against the U.S. Department of Commerce. This is first time that the trade panel has ruled that Chinese steel products aren’t harmful to the U.S. industry.

Dalian Eastfound Metal Products Company is China’s largest exporter of metal wire decking to the U.S. market. In June last year, the U.S. Department of Commerce slapped dumping charges on more than 20 Chinese firms, including Dalian Eastfound. Last month, the department announced it would impose duties ranging from 14 percent to 437 percent.

Jiang Ming, Sales Director of Dalian Eastfound Metal Products said “That basically meant the U.S. market was closed to us. We can’t sell products there anymore. 400 of our employees will lose their jobs.”

But Dalian Eastfound decided to appeal the decision, submitting detailed materials in its defense. The U.S. International Trade Commission allowed the appeal, voting 4-2 that U.S. producers didn’t suffer injury or threat of injury as a result of steel imports from China.

Fan Huisheng, Vice GM of Dalian Eastfound Metal Products said “As an exporting firm, we not only have to produce, but we should be aware of international trade regulations and adhere to them.”

Dalian manufacturers are highly reliant on exports. But in 2009, they were rocked by 4 anti-dumping cases. Dalian industry officials say businesses should actively respond to lawsuits. They also recommend Chinese manufacturers to invest in research and development, in order to build their own brands.

The 8th China International Software and Information Service Fair just closed its curtain today.  On 23rd, I attended the seminar of IP Protection of Software.

As the previous seminar, two experts from EU-China Project on the Protection of IP Rights gave the speeches about patent protection and IP rights on outsourcing. Both of them provided some pertinent suggestion to the software industry in Dalian.

And what I felt especially resourceful is the report from Ms.Liu in King & Wood. She analyzed the protential legal risks in software outsourcing and also focused risk prevention.

In all, this seminar is more successful than the previous one and I guess the new information that I got from this seminar would be helpful for my work.

Thanks for all the friends who visit my blog. Your encouragement gives me a driving force to update it and write more. If you have any questions or interest to understand about Chinese laws, please just leave me a message,thus I may choose my topics better.Thank you!

Recently,  a lot of my foreigner friends just consult how to get a “green card” in China. So here I just extract some details about Measures for Administration of Examination and Approval of Foreigners’ Permanent Residence in China.

 In accordance with Article 6 of the above Measures, those who want to apply Chinese green card shall abide by Chinese laws, be in good health and without criminal record, and also shall meet at leat one of the following requirements:

1. having made direct investment in China with stable operation and a good tax paying record for three successive years;

2. having been holding the post of deputy general manager, deputy factory director or above or of associate professor, associate research fellow and other associate senior titles of professional post or above or enjoying an equal treatment, for at least four successive years, with a minimum period of residence in China for three cumulative years within four years and with a good tax paying record;

3. having made a great deal and outstanding contribution to and being specially needed by China;

4.Being the spouse or unmarried child under 18 years old of a person with reference to the item (1),(2)or (3) of this paragraph.

(5)Being the spouse of a Chinese citizen or of a foreigner with permanent residence status in China, in a marriage relationship for at least five years, with at least five successive years of  residence in China and at least nine months of stay in China each year, and having stable source of subsistence and a dwelling place.

(continued)