Ministry of Commerce

News & Analysis as of

China’s Draft Foreign Investment Law Could Be a Game Changer?

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. The draft law (the Draft) will almost certainly not become law until 2018 at the earliest and changes are likely before...more

Tax Newsletter - January/February 2015 (China & Hong Kong)

In This Issue: To People’s Republic of China: -Draft Foreign Investment Law -New Developments On Indirect Transfers Of Properties By Foreign Investors -Exposure Draft Of Revised Tax Collection And...more

China’s New Proposed Foreign Investment Law — What to Expect

On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) released a draft PRC Foreign Investment Law (the “FIL”) for public comment. Once adopted, the FIL would abolish the Law on Sino-Foreign Equity Joint Ventures...more

A Case Study: How the Record Breaking Antitrust Penalty Against Qualcomm Transforms the Landscape of SEPs Licensing in China

The PRC National Development and Reform Commission (NDRC) finally concluded its antitrust investigations against Qualcomm and issued an administrative sanction on February 10, 2015, putting an end to the 16-month...more

China’s New Foreign Investment Guidance Catalogue

On March 10, 2015 the National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly released a new Foreign Investment Guidance Catalogue, which will come...more

China’s New Foreign Investment Law: Implications for Restricted Industry Investments in China

On January 19, 2015, the Ministry of Commerce (the “MOFCOM”) of the People’s Republic of China (the “PRC”) released a draft of a newly proposed Foreign Investment Law for public comment (the “New Law”)....more

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

China to Overhaul its Foreign Investment Regulatory Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of China released for public comments a draft version of a new law governing foreign investments into China. If passed, this new law will supersede the current structure...more

US China Trade War–Developments in Trade, Trade Politics, Patents/IP, Antitrust and Securites

On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more

What to expect from China's new investment laws

On 19 January 2015 MOFCOM issued a draft of the PRC Foreign Investment Law for public comment (FIL). Below we highlight key features of the new foreign investment regime. While the road to the actual passage of the FIL will...more

What is Simplified under Anti-Monopoly Filing Procedures for Simple M&A Cases?

The Ministry of Commerce in China (“MOFCOM”) has promulgated a series of implementation regulations as an effort to improve the enforcement of the Anti-Monopoly Law (“AML”), among which two regulations specifically relate to...more

China’s Draft Foreign Investment Law: A Paradigm Shift in Regulation of Foreign Investment

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released for public comment a draft Foreign Investment Law; “FIL”) along with an accompanying explanatory note (“Note”). The deadline for comments is February 17,...more

"China's MOFCOM Aims to Fundamentally Change the Legal Landscape on Foreign Investments"

In January 2015, China’s Ministry of Commerce (MOFCOM) released a discussion draft of the proposed Foreign Investment Law (Discussion Draft), soliciting comments from the public. The Discussion Draft is aimed to, upon its...more

Corporate Alert: Proposed Foreign Investment Law Would Bring Profound Changes to Foreign Investment Regime in China

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released a draft Foreign Investment Law (the “Draft Foreign Investment Law”) for public comments, together with MOFCOM’s explanatory notes (the “Explanatory...more

Tax Newsletter - November/December 2014 (China & Hong Kong)

Editorial Note: Welcome to the latest issue of our Tax Newsletter. A number of developments have taken place in the PRC and Hong Kong that could be of legal and tax significance to your businesses. In the PRC, the...more

China Seeks to Reform Regulation of Foreign Investments with New Law

The new law, when implemented, will make sweeping changes to the current regulation of foreign investments. On January 19, the Ministry of Commerce of the People’s Republic of China published a draft Foreign...more

Are VIEs Finished?

On January 19, 2015, the Chinese Ministry of Commerce (“MOFCOM”) released the draft Foreign Investment Law (the “Draft Law”) for public comment. The public consultation period will end on February 17, 2015, after which the...more

Draft of China’s New Foreign Investment Law

On Jan. 19, 2015, the Ministry of Commerce of China (“MOFCOM”) published the draft of the Foreign Investment Law (“draft”) to solicit public comments. The draft, once finalized, will replace the existing Foreign Invested...more

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the...more

Chinese Legal Overhaul to Impact Overseas IPOs, Private Equity Investments

On January 19, 2015, China’s Ministry of Commerce (MOFCOM) issued for comment a new draft foreign investment law that if implemented would be the most significant change to China’s foreign investment regime in at least the...more

Evaluating the Draft Amendment of the Foreign Investment Guidance Catalogue

Recently, the National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly released a draft of the new Foreign Investment Guidance Catalogue for public...more

China Encourages Foreign Investment in Senior Care Services

On 24 November 2014, the Ministry of Commerce (MOFCOM) and the Ministry of Civil Affairs (MCA) of China jointly issued the Announcement Encouraging Foreign Investors to Establish For-Profit Senior Care Institutions to Engage...more

"China’s MIIT Releases Draft Intellectual Property Policies for Industry Standardization Organizations"

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the...more

New MOFCOM Regulatory Measures on Outbound Investment Effective as of Oct. 6, 2014

On Sept. 6, 2014, the Ministry of Commerce (“MOFCOM”) promulgated the Administrative Measures for Outbound Investment (“2014 MOFCOM Measures”), replacing the original Administrative Measures for Outbound Investment that was...more

China Allows Wholly Foreign-Owned Hospitals in Seven Pilot Cities and Provinces

On 28 August 2014, the Ministry of Commerce (MOFCOM) and the National Health and Family Planning Commission (HFPC) jointly released the Notice of the National Health and Family Planning Commission and the Ministry of Commerce...more

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