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

BEIJING, June 4 — Five types of people with foreign nationalities will be allowed to stay longer in China from the beginning of June. The policy released by the Ministry of Public Security is considered a humanitarian measure.

Gong Lei’s twelve year old son is a Canadian. Before June, Gong had to apply for a residence permit for his son every year in order to let the boy stay with his parents in China.

Now the new policy allows his son to stay two years with multiple entries.

Football coach Gong Lei said, “This is very convenient for us. My son can stay longer with us, and the procedure to enter and leave China is even simpler.”

As more Chinese migrate to other countries and more foreigners choose to live in China, some people with foreign nationalities have had to separate from their families. Their residence permits in China were usually valid for six months or one year.

Gao Peng, Beijng Public Security Bureau Visa Dept. chief. said, “After the limitation is extended, people with foreign nationalities can apply for residence permits of six months, one year, or two years with multi entry. It provides more choice for the applicants.”

The five types of people include: spouses, parents and children under 18 with foreign nationalities of Chinese citizens and foreigners with permanent residence.

Foreigners and their foreign spouses aged 60 or above, without immediate family outside China, to live with their immediate family in China.

Chinese with foreign nationalities aged 60 or above, their spouses and children with foreign nationalities, who have purchased real estate in China.

Chinese with foreign nationalities aged 18 or above, staying in China to look after their parents aged 60 or above without other descendents in China.

Children under 18 with foreign nationalities of Chinese parents with foreign nationalities or with foreign permanent residence, who are fostered in China.

Spouse, parents and children under 18 with foreign nationalities of Chinese citizens and foreigners with permanent residence.

Foreigners and their foreign spouses aged 60 or above, without immediate family outside China, to live with their immediate family in China.

Chinese with foreign nationalities aged 60 or above, their spouses and children with foreign nationalities, who have purchased real estate in China.

Chinese with foreign nationalities aged 18 or above, staying in China to look after parents aged 60 or above without other descendents in China

Children under 18 with foreign nationalities of Chinese parents with foreign nationalities or with foreign permanent residence, who are fostered in China.

Source: Xinhua Net

If you want to set up a WFOE, you should offer the following documents:

1. the application paper and the resolution by the Board of the foreign investor
2. Feasibility Study report
3. Copies of the business licenses or certificates of incorporation of the foreign investor (with local notarization and verification of Chinese Embassy).
4. A copy of leasing agreement and the certificate of the real estate
5. A copy of Notice of enterprise’s name confirmation appraised by the Industry & Commerce Administrative Bureau.
6. Letter of Appointment of Directors, Directors name list and copies of their passports
7. Articles of Association
8. Credit Certificate issued by bank
9. Power of Attorney for delivery of documents

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

a.  Control of foreign exchange for hiring foreign experts

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.