Frequently Asked Questions
What are the key requirements and procedures for a China work visa?
Essential documents include a passport (valid >6 months), employer-issued Work Permit Notice, criminal record clearance, health certificate, and invitation letter. Applicants must submit online forms for approval by MOHRSS/MOST, enter China with a Z-visa, and convert to a residence permit within 30 days. R-visas are available for top-tier talents.
What are the key steps for foreigners to establish a company in China?
Determine company type (e.g., WFOE, JV) and business scope (complying with the Negative List). Fulfill registered capital requirements (minimum thresholds apply for certain sectors), submit articles of association and shareholder documents to SAMR, complete MOFCOM filing, open bank accounts, and register for taxes. The process typically takes 1-2 months.
What are China's major tax incentives and eligibility criteria?
High-tech enterprises qualify for 15% CIT (vs. standard 25%) with core IP and R&D investment ratios. SMEs pay 5%-10% CIT on annual taxable income <¥3M. Hainan Free Trade Port enterprises enjoy 15% CIT for substantive operations. R&D expenses qualify for 100% super-deduction.
How are assets divided in Chinese divorces?
Per Civil Code Art.1062, post-marital income/investments are generally split equally. Pre-marital assets and expressly gifted property remain individual. Hidden/transferred assets may lead to reduced shares. Real estate division considers funding sources and titles, with mortgage repayments during marriage requiring compensation.
What legal channels resolve civil disputes in China?
① Negotiation: Direct settlement; ② Mediation: Agreements via People’s Mediation Committees (enforceable after court confirmation); ③ Arbitration: CIETAC/CMAC proceedings if valid arbitration clauses exist (final award); ④ Litigation: Court trials within 6 months. Small claims (<¥50,000) follow simplified one-instance procedures.
What are the rights and procedures after criminal detention in China?
Per Criminal Procedure Law, families must be notified within 24hrs (exceptions apply). Detainees may: ① Retain lawyers (limited role during investigation); ② Apply for bail; ③ Report coercion. Key phases: Detention ≤37 days → prosecutorial arrest review (7 days) → investigation (2-7 months) → prosecution review (1-1.5 months).
How can enterprises protect IP effectively in China?
① Registration: Trademarks via CNIPA (3-month opposition period), invention patents take 2-4 years; ② Enforcement: Administrative raids through local AMRs (fast action) or litigation (statutory damages ≤¥5M); ③ Border Measures: Record IP with Customs to intercept infringing imports/exports. Regular monitoring and notarized evidence collection are critical.
What is the legal procedure after traffic accidents in China?
① On-site: Secure scene, assist injured (evasion is a crime), call police (122) and ambulance (120); ② Liability: Traffic police issue accident reports within 10 days (reviews available); ③ Claims: Compulsory insurance (CTPL) covers ¥18k medical + ¥180k death/disability; excess losses are split by fault ratio; ④ Limitation: Personal injury claims must be filed within 1 year.
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