China Law Update - September 2008

With China's—and the world's attention—focused on the Beijing Olympics, summer was a relatively slow time for Chinese legislators. Still, officials in various branches of government found time to enact a number of regulations that are of particular interest to foreign investors. For regular readers, of China Law Update, this September 2008 issue will address familiar—and important—themes: the PRC Anti-Monopoly Law (China Law Update, October 2007); the Labor Contract Law (September 2007) and the Law on Labor Dispute Mediation and Arbitration (February 2008); rules governing foreign exchange (various issues); and the Catalogue for the Guidance of Foreign Investment Industries (January 2008).

In our first summary (page 4), we look at the Regulations on Notification Thresholds of a Concentration of Undertakings to see how the State Council is addressing some of the uncertainties in the landmark Anti-Monopoly Law, which took effect last month. More questions remain; more rules and regulations are likely to follow.

Our second summary (page 6) looks at an effort in Guangdong, China's largest and wealthiest province, to implement labor laws that have also received worldwide attention. In June, the Guangdong High People's Court and the Guangdong Labor Disputes Arbitration Committee passed the Guiding Opinion on Application of the Labor Contract Law and the Law on Mediation and Mediation and Arbitration of Labor Disputes in Guangdong Province.

Next, China Law Update summarizes China's latest effort to manage its foreign exchange system, the amended Regulations on Foreign Exchange Control of the People's Republic of China. (See page 9.)

Our final summary (page 11) looks at the Measures for the Administration of Foreign-Invested Mineral Exploration Enterprises, which were issued by the Ministry of Commerce and the Ministry of Land and Resources. These measures build upon the investment priorities in the Catalogue for the Guidance of Foreign Investment Industries, aiming to streamline and consolidate the approval process for foreign direct investment in the mineral exploration industry. Read more...