China Cloud Computing Laws

Foreign SaaS in China: Get Off of My Cloud

As businesses are rapidly moving to the cloud, the Chinese government seems to be taking its lead from the Rolling Stones: Hey! You! Get off of my cloud. China wants to run its own private cloud, and foreigners need not apply. The primary issue for Internet businesses in China is that all commercial Internet businesses

Vietnam, India, Mexico, Brazil. Anywhere but China.

China’s Golden Age for Foreign Companies is Over

Let the hate mail begin. Whenever we write on how things are getting bad for foreign companies doing business in China and on how foreign companies should think long and hard before doing business in China, we get hate mail or hate comments (which we typically delete). Many of these come from China consultants accuse

China-Employment-Laws

How to Treat Pregnant or Nursing Employees in China

Most of our clients know little about China employment law, but most know well that China has high expectations on how China employers must treat pregnant and nursing employees. Our clients know this because they all seem to know of a foreign company that had to pay a lot of money for not knowing this.

Chinese in Ohio

China In Columbus, Ohio

When I spoke in Ohio last year at a China function, I met Eric McGraw. Eric lived in China for seven years and he is now based in Columbus, Ohio, where he and his company help American companies navigate China and Chinese companies navigate the United States. Eric and I talked about the increase in

Death of China VIEs

China VIEs Are Dead. Stick A Fork In Them.

January 19, 2015 marks the date of the death of the VIE investment structure in China. On this day, China’s State Council issued a discussion draft of legislation setting out the plan for overhauling China’s Chinese foreign investment legal regime. The new system is set out in the PRC Investment Law Discussion Draft (the “Draft”),

Fair

Chinese Arbitration: A Guide for Foreign Companies

China Arbitration Clauses Chinese companies frequently require contract disputes be resolved through arbitration, often designating CIETAC in China as the arbitral institution. Many foreign companies are apprehensive about the fairness of arbitration in China. However, it’s important to understand Chinese arbitrators weigh both legal correctness and ethical equities when making decisions. This post discusses why

china law blog

China WFOE Formation and Minimum Capital Requirements

China has liberalized its minimum capital requirements for WFOEa and the amounts required have been reduced in many Chinese cities. But even if the Chinese government is going to let you get away with very little registered capital, you may want to pay more. You should think about the registered capital you should be paying

Chinese internet gambling

China Online Gambling: Illegal But Everywhere

Media reports state that online gambling in China soared during the recent World Cup. The punters put their money into online gambling on the World Cup, with revenue at China’s government run lottery site increasing by over 80% during this period. The general ban on gambling in China is subject to one exception. The Chinese

Lifetime employment

China Employment Offer Letters

In China, employment offer letters (录用通知书) are written documents employers give to employees stating the employer’s intent to enter into a labor relationship with the employee. These offfer letters typically propose the employee’s work title, work location, wages, and the term of the employment arrangement. Despite the relatively common use of employment offer letters in

China agriculture

China’s Ban on U.S. Agricultural Products Grows

By Lucas Blaustein* U.S. agricultural exports to China have increased by 120% since 2008, to nearly 28.9 billion dollars in 2013 and agriculture now accounts for nearly 24% of US-China trade . Since China’s admittance to the World Trade Organization (WTO), China and the United States have increasingly traded their comparative advantages. Daily, Chinese made

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