 | New Administrative Rules Facilitate BOT Wastewater Treatment Projects in Shenzhen
Until July 2008, there was no national legislation that governed public utilities projects and more specifically, wastewater treatment projects, financed under the BOT model. In July 2008, the Shenzhen Municipal Government promulgated and implemented China's first set of local rules for build-operate-transfer ("BOT") wastewater treatment projects, the Shenzhen Municipal Administrative Rules for BOT Wastewater Treatment Projects 《深圳市污水处理厂BOT项目管理办法》("Administrative Rules"). In light of the developments since the enactment of the Administrative Rules, the following seeks to provide an outline of the local framework governing BOT wastewater treatment projects in Shenzhen and the impact on the future development of BOT public utilities projects. Read >>
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| New Minimum Wage Rates Applicable Early 2010
On 30 October 2009, the Government issued Decree No. 98/2009/ND-CP regarding area minimum wage rates for Vietnamese employees working for foreign entities in Vietnam ("Decree 98"). Read >>
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| Re-arrangement and Equitisation of State-owned Enterprises
On 4 November 2009, the Prime Minister issued Official Letter No. 2104/TTg-DMDN regarding re-arrangement and equitisation of State enterprises belonging to the Ministry of Industry and Trade for the 2009-2010 stage ("Letter 2104"). Read >>
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| Personal Income Tax on Real Property Transfer
On 1 October 2009, the General Department of Taxation issued Official Letter No. 4022/TCT-TNCN ("Letter 4022") clarifying the settlement of cases of personal income tax ("PIT") arising from a transfer of land, where the actual land area as measured for the issue of a land use right certificate is greater than the measurements recorded on the land use document ("Increased Land Area"). Read >>
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| Decision on Exemption and Reduction of Land Rent
On 2 October 2009 the General Department of Tax issued Official Letter No. 4056/TCT-CS clarifying the issue of decisions on exemption and reduction of land rent. Read >>
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| Procurement Law - Rejection of late or incomplete tender submissions not disproportionate, even if IT problems are the cause
The recent decision of the English High Court in JB Leadbitter & Co Ltd v Devon County Council confirms that it is only in exceptional circumstances that proportionality will require a public body to accept a late or incomplete tender submission even where IT difficulties are responsible for causing non compliance with tender conditions. Read >>
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| Vietnam Issues Preliminary Report in Country’s First Trade Remedy Case
The Vietnam Competition Authority (VCAD) of the Ministry of Industry and Trade (MOIT) of the Socialist Republic of Vietnam has issued a preliminary report (in Vietnamese only) dated October 30, 2009, in its safeguard investigation of imported float glass products. Although the Ordinance permitting safeguard measures was enacted in 2002, and those for anti-dumping and countervailing duty measures followed in 2004, Vietnam, which became a member of the World Trade Organization on January 11, 2007, has not previously conducted a trade remedy case. Read >>
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| Recent Developments in the Regulation of RMB Funds
RMB Funds, investment funds whose capital commitments and contributions are denominated in renminbi, the currency of the People’s Republic of China, have been the subject of considerable discussion in recent months. Read >>
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| Thai Revenue Department Proposes End to Non Juristic Bodies of Persons
The Thai Revenue Department is advocating for non-juristic bodies of persons to be stripped of their status under the Revenue Code in order to prevent abuse and tax evasion. Read >>
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| Collection of Fingerprints to Record Attendance Breaches Personal Privacy
A recent investigation report published by the Privacy Commissioner for Personal Data (the "Commissioner") found that collecting an employee's fingerprint to record the employee's attendance at work breached the Personal Data (Privacy) Ordinance ("PDPO"). Read >>
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| PRC Labour Law in a Nutshell: Can I require an employee to pay liquidated damages should the employee breach the labour contract?
Can I require an employee to pay liquidated damages should the employee breach the labour contract?
Yes you can, but you must include the relevant clauses in the labour contract beforehand and the agreed liquidated damages will only apply in the following two scenarios: Read >>
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| An End to Arbitration Agreements with Thai Government Entities?
On 28 July 2009, the Thai Cabinet resolved that any contract entered into between the government and a private Thai or foreign entity should not include an arbitration clause. Read >>
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| PRC Labour Law in a Nutshell: What is the relevance of a probationary period?
You are entitled to terminate your employee if, during the probationary period, the employee fails to meet the standards required for the particular role for which the employee is recruited. In the mainland PRC, it is difficult to bring the employment relationship to an end and therefore, this approach is often used by employers. Read >>
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| China Mobile settles Anti-Monopoly Law case
On 23 October 2009 the Beijing Dongcheng District People's Court announced the settlement of an Anti-Monopoly Law (AML) case brought by an activist lawyer in Beijing against China's largest mobile network operator, China Mobile. Read >>
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 | Hospitality & Leisure in Asia
October 2009 - From development to post-opening operation, count on us to understand your hospitality and leisure business in Asia. Read >>
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