Questions
by Miss Chin from Malaysia:
¡¡ Would you please tell me how I can get to know China¡¯s laws and
regulations and solve the legal problems those my friends, my relatives
and I meet in China?
Reply
¡¡¡¡Dear Miss Chin, thank you for your questions. We do know that it
is not quite convenient for foreigners to get access to legal consultation
in China. With China¡¯s entry into WTO, more and more foreign individuals
and corporations are eager to know China¡¯s laws and regulations while
the legal services in China cannot meet such a great demand. With the
accelerating of the course of the rule by law in China, more and more
laws and regulations are being adopted. This has made it more difficult
for foreigners to understand China¡¯s laws and to solve legal problems
by consulting China¡¯s laws. To make it easier for foreigners to know
China¡¯s laws and to solve legal problems, Beijing Bureau of Justice
has opened 148 English hot line. Wherever you are in Beijing, you can
get answers in English to your legal inquiries by dialing 1600148 and
then pressing 4. There are several law firms in Beijing which can offer
legal consultation and other legal service in English. Jingtai Law Office
is one of them. We are sure that you can get a satisfactory reply to
your legal problems if you call our hot line 010-83537960.Beijing Jingtai
Law Office
No. 309, Shengdu Building, West Street of Baizhifang, Xuanwu District,
Beijing
Tel. 010-8353 7960
Questions
by James from Australia
¡¡¡¡I have stayed in Beijing on business for over 6 months, and in order
to save money I plan to rent an apartment in Beijing. Would you please
tell me in detail whether I, as a foreigner, can be permitted to rent
and what¡¯s the procedure of renting an apartment in China?
Reply
Dear
Mr. James:
¡¡¡¡To our knowledge, several laws including Law of the People¡¯s Republic
of China on Contracts, Law of the People¡¯s Republic of China on the
Control of Urban Real Estate and some local regulations are regulating
the leaseholding relationship. These laws and regulations do not prevent
foreigners from renting a house or an apartment in China. To rent a
satisfactory house in Beijing, the following steps are recommended.
1. To scrutinize the identification card of the householder and certificate
of house ownership in order to verify that the lessor is the lawful
owner of the house. If the house you plan to rent is a subleased one,
it is recommended that you scrutinize the original lease contract and
the details of your lease contract, and verify the identity of the sub-lessor.
2. To scrutinize the Safety Qualification for House Leasing and the
License for House Leasing.The former is issued by the local police substation
and the latter by Administrative Agency of Real Estate. These two certificates
guarantee that the house has been examined and approved for leasing.
3. To draft the lease contract with caution. Relative items, such as
house facilities, leasing period, leasing price and the method of payment,
should be included in the lease contract.
4. To urge the lessor to register the lease contract with the Administrative
Agency of Real Estate to make sure that your contract is put on record.
If you have further relevant legal inquiries or need other legal assistance,
please entrust our lawyers to handle. Absolutely that will save much
of your time. We warmly welcome your contact.Beijing Jingtai Law Office
No. 309, Shengdu Building, West Street of Baizhifang, Xuanwu District,
Beijing
Tel. 010-8353 7960
Dear
Messrs lawyers of Beijing Jingtai Law Office,
¡¡¡¡I am a Frenchman. During my tour in China in the year of 2000,I met
a tour guide of Yangzhou Travel Agency. Her beauty ,cleverness and kindness
as well as refined gentle manners deeply attracted me. After two years¡¯
contact, deep love has emerged between us. This year, we would like
to get married in China according to China¡¯s customs. However we do
not know whether or not it is legal for a foreign man to get married
to a Chinese woman according to China¡¯s laws. To be a legal marriage,
what kind of materials are needed? What kind of formalities shall be
gone through? We sincerely need your help.
Dear Sir,
¡¡¡¡We congratulate you on your meeting your beloved girl and your coming
marriage. We wish you get married soon and wish your happy marriage
to your old age.
¡¡¡¡ Our answers to your inquiries are as follows:
1. According to general rules of international private law, nowadays,
each state in the world grants conditional recognition of marriage relationship
of native citizen concerning foreign elements. The attached condition
generally is that this marriage cannot violate the relevant stipulations
of the laws of the state on material elements of getting married. So
is it in People¡¯s Republic of China.
2. According to the stipulation of Art 147 of the General Principles
of Civil Law of People¡¯s Republic of China, the law of the place where
a marriage is registered shall be applicable to marriage between Chinese
citizen and foreigner. This stipulation is not only applicable to the
essential elements of marriage but to the formal elements.
3. According to the stipulations of the present laws of PRC, if it is
a marriage relationship between a foreigner and a Chinese citizen, both
sides must apply for a registration to a marriage registration department
appointed by the people¡¯s government of province, autonomous region
or municipality where the domicile of this Chinese citizen is registered.
Meanwhile the Chinese citizen must present these following credentials:
A. His/her domicile credentials.
B. Credentials on his/her name, sex, birth date, nation, marital status
(unmarried, divorced, bereft of spouse, the same applies below) vocation,
character of work, to whom he/she gets married, which shall be issued
by the people¡¯s government at county level where his/her domicile is
registered or issued by the school, institution or enterprise at county
level and above to which his/her working unit belongs.
4. The foreigner applying for getting married to Chinese citizen must
present these following credentials:
A. His/her passport or other credentials Residence Permit for Foreigners
issued by the Public Security or identification papers issued by foreign
affairs department or entry residence papers for temporary residing
in China issued by the same department.
B. Credentials on marital status issued by the notarization agency of
his/her native state which have been certified by both the Ministry
of Foreign Affairs of his/her native state (or by the agency authorized
by the Ministry of Foreign Affairs) and the embassy or the consulate
of PRC or credentials on marital status issued by the embassy or the
consulate of his/her native state in PRC.
5. In addition, both sides shall deliver their respective photos and
pay the necessary cost of production of marriage certificate and the
cost for registration formalities.
If you have further relevant legal inquiries or need other legal assistance,
please entrust our
lawyers to handle. Absolutely that will save much of your time. We warmly
welcome your contact.
Wish you sweet love, happy marriage and happy life!
Beijing
Jingtai Law Office
No. 309, Shengdu Building, West Street of Baizhifang, Xuanwu District,
Beijing
Tel: +86-10-8353 7960
E-mail: jt@venus-law.com
http://www.venus-law.com
Fax: +86-10-83525557
Question
:
¡¡¡¡ I¡¯m the owner of a large corporation from America. In order to
open the Chinese market, I want to establish a representative office
in Beijing. Could you tell me what documents are needed?
Answer:
The documents as follows are needed:
1) An application signed by the chairman of the Board of Directors or
General Manager of the foreign enterprise;
2) Legal document sanctioning the operation of the enterprise;
3) Credibility Letter issued by the bank where the enterprise has opened
its bank account;
4) Letter of Appointment signed by the Chairman of the Board of Directors
or the General Manager of the enterprise for appointing the chief representative;
5) Curriculum vatae of the (chief) representative.
6) Some other documents.
¡¡¡¡¡¡If you need other legal services, please contact us.
Beijing Jingtai Law Office
No. 309, Shengdu Building, West Street
of Baizhifang, Xuanwu District, Beijing
Tel: +86-10-8353 7960
E-mail: jt@venus-law.com
http://www.venus-law.com
Fax: +86-10-83525557
Question :
¡¡¡¡ I¡¯m a businessman from America. I would like to invest in China.
What documents shall I get prepared for beforehand regarding the establishment
of a Wholly-Owned Foreign Enterprise?
Answer:
The following documents are needed:
1. Application Report;
2. Feasibility Study Report;
3. Documents identifying the registered address (including Ownership
Certificate of the premises and its related Lease Agreement);
4. Business Licence of the foreign party and its identification card;
5. Credibility Letter for the foreign party;
6. Articles of Association;
7. Name list of the members of the Board of Directors;
8. Letter of Appointment for the members of the Board of Directors;
9. Articles of Association and Application For Constitution of the Members
of the Board of Directors;
10.And other documents.
¡¡¡¡If you need other legal services, please contact us.
Beijing Jingtai Law Office
No. 309, Shengdu Building, West Street
of Baizhifang, Xuanwu District, Beijing
Tel: +86-10-8353 7960
E-mail: jt@venus-law.com
http://www.venus-law.com
Fax: +86-10-83525557
Question :
¡¡¡¡ Our corporation will establish a representative office in China
next month. As the foreign chief representative, I¡¯m anxious to know
how to obtain the Visa and Residence Certificate. What kind of documents
shall I provide and what procedures shall I go through?
Answer:
You should provide the documents as follows:
1. An Application for obtaining visas for the Foreign Employees issued
by the foreign representative office;
2. Working Certificate;
3. Certificate of Employment;
4. Registration Certificate;
5. Passports of the foreign employees;
6. Certificate of physical examination issued by Sanitation Inspection
Bureau;
7. And other documents.
¡¡¡¡If you need other legal services, please contact us.
Beijing Jingtai Law Office
No. 309, Shengdu Building, West Street
of Baizhifang, Xuanwu District, Beijing
Tel: +86-10-8353 7960
E-mail: jt@venus-law.com
http://www.venus-law.com
Fax: +86-10-83525557
Question
:
¡¡¡¡ I
own 25 per cent of the shares of a famous manufacturing corporation.
For some reason, I have to transfer some of my shares. But I don¡¯t
know how to handle it and what are the essential documents. I¡¯d appreciate
it if you could give me an answer.
Answer:
The essential documents include:
1. An Application for Assignment of the shares by investors;
2. The Amendment Agreements to the Contract and Articles of Association;
3. Copies of the Approval Certificate and Business License of the enterprise;
4. Resolution made by the Board of Directors with respect to the assignment
by the investors of the shares;
5. Name list of the new members of the Board of Directors after the
assignment of the shares;
6. Transfer Agreement in writing signed by the assignor and the assignee
after signature or approval by other investors related;
7. Some other documents.
¡¡¡¡If you need other legal services, please contact us.
Beijing
Jingtai Law Office
No. 309, Shengdu Building, West Street
of Baizhifang, Xuanwu District, Beijing
Tel: +86-10-8353 7960
E-mail: jt@venus-law.com
http://www.venus-law.com
Fax: +86-10-83525557