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   <title>China Law Blog</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/" />
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   <id>tag:www.chinalawblog.com,2008://1</id>
   <updated>2008-05-16T06:29:49Z</updated>
   <subtitle>China Law For Business.  The Business of China Law.</subtitle>
   <generator uri="http://www.sixapart.com/movabletype/">Movable Type 3.35</generator>

<entry>
   <title>China&apos;s Earthquake -- How To Help.  Money And More</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_earthquake_how_to_help.html" />
   <id>tag:www.chinalawblog.com,2008://1.2639</id>
   
   <published>2008-05-16T06:30:58Z</published>
   <updated>2008-05-16T06:29:49Z</updated>
   
   <summary>Crossroads blog has a whole slew of posts up detailing various ways we can help Sichuan&apos;s earthquake victims, ranging from sending money to orphanages to aiding with logistics. If you want to help but are unsure as to how, read the more recent posts on this blog and pick something that matches your abilities and your desires. (h/t to Shanghaiist which has been doing an absolutely superlative job covering the quake. I have been meaning...</summary>
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      <![CDATA[<a href="http://www.china-crossroads.com/">Crossroads blog </a>has a whole slew of posts up detailing various ways we can help Sichuan's earthquake victims, ranging from sending money to orphanages to aiding with logistics.  If you want to help but are unsure as to how, read the more recent posts on this blog and pick something that matches your abilities and your desires.  (h/t to <a href="http://shanghaiist.com/2008/05/16/green_scene_how.php">Shanghaiist </a>which has been doing an absolutely superlative job covering the quake.  I have been meaning to do a five China blogs I would require if stranded on a desert island post for some time now and every time I write that post in my head I have included Shanghaiist.  Its work of late only reaffirms why.  Major kudos.)

]]>
      
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</entry>
<entry>
   <title>China&apos;s F-Visas -- Put A Fork In Those Babies</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_fvisas_put_a_fork_in_th.html" />
   <id>tag:www.chinalawblog.com,2008://1.2637</id>
   
   <published>2008-05-15T19:53:07Z</published>
   <updated>2008-05-15T19:53:29Z</updated>
   
   <summary>The Wall Street Journals&apos; China Blog just did a post on China&apos;s current visa situation, entitled, &quot;Visa Saga.&quot; The gist of it is that securing F-visas and tourist visas has gotten much more difficult and that multiple entry visas are becoming nearly extinct and the &quot;prospects of the government easing the rules are slim.&quot; The post chronicles the story of &quot;Randy, a Shenzhen-based American expatriate who says he has been living in China for the...</summary>
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      <name></name>
      
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         <category term="Legal News" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[The Wall Street Journals' China Blog just did a post on China's current visa situation, entitled, "<a href="http://blogs.wsj.com/chinajournal/2008/05/15/visa-saga/?mod=rss_WSJBlog">Visa Saga.</a>"  The gist of it is that securing F-visas and tourist visas has gotten much more difficult and that multiple entry visas are becoming nearly extinct and the "prospects of the government easing the rules are slim."

The post chronicles the story of "Randy, a Shenzhen-based American expatriate who says he has been living in China for the past six years and is now being “forced out:” 

<blockquote>Randy says he brought a properly signed and chopped invitation letter, only to be given another list of eight documents he would need to supply. Even if he had all eight documents, he reports being told, the visa notification letter would be issued only “in cases of extreme circumstances,” and that he should hope for no more than a double-entry, 60-day visa. The visa officer said “no more multi-entry business visas are being issued,” Randy says.

The kicker: Randy says the visa officer told him that if he wanted to continue living in China, he would have to find a large Chinese company willing to sponsor him for a Z-class working visa–or marry a Chinese woman. 

“I’ve concluded that for all practical purposes, the F-class business visa is effectually dead,” Randy says. “I’d say the situation has become very nervous here for foreigners passing into China these days.”</blockquote>

This all corresponds with what <a href="http://www.chinalawblog.com/2008/04/china_visa_certainty_z_visas_a.html">we have been saying </a>about how the only good visa these days for businesses with a real China presence is a Z-visa.  ]]>
      
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</entry>
<entry>
   <title>China Demographics As Economics</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_demographics_as_economic.html" />
   <id>tag:www.chinalawblog.com,2008://1.2636</id>
   
   <published>2008-05-15T05:38:24Z</published>
   <updated>2008-05-15T05:38:41Z</updated>
   
   <summary>China Financial Markets (a very serious and numbers oriented China economics blog) has a fascinating post, entitled, &quot;Demographic projections and trade implications,&quot; on the interaction between China&apos;s birth rate and age demographics and its economic and trade future. Marketers and futurists ought to be able to have a field day with this information and I urge anyone interested in these topics to check it out....</summary>
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      <![CDATA[China Financial Markets (a very serious and numbers oriented China economics blog) has a fascinating post, entitled, "<a href="http://piaohaoreport.sampasite.com/china-financial-markets/blog/Demographic-projections-and-trad.htm">Demographic projections and trade implications,</a>" on the interaction between China's birth rate and age demographics and its economic and trade future.  Marketers and futurists ought to be able to <a href="http://thedirtyshame.blogspot.com/2008/05/wanna-have-field-day-interpreting-this.html">have a field day</a> with this information and I urge anyone interested in these topics to check <a href="http://piaohaoreport.sampasite.com/china-financial-markets/blog/Demographic-projections-and-trad.htm">it</a> out.  ]]>
      
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</entry>
<entry>
   <title>China Earthquake Donation Guide</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_earthquake_donation_guid.html" />
   <id>tag:www.chinalawblog.com,2008://1.2635</id>
   
   <published>2008-05-15T04:24:57Z</published>
   <updated>2008-05-15T04:51:51Z</updated>
   
   <summary>Cn Reviews has the most comprehensive guide for donations to earthquake victims I have seen. (h/t to Black and White Cat) The post is entitled, &quot;China Earthquake Donation Guide: 24+ ways to give,&quot; and it lists more than 24 charities involved with the China earthquake, along with descriptions and links. It is all very impressive and for those interested in assisting, I urge you to check it out....</summary>
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      <![CDATA[Cn Reviews has the most comprehensive guide for donations to earthquake victims I have seen.  (h/t to <a href="http://www.blackandwhitecat.org/2008/05/15/donating-for-the-earthquake-survivors/">Black and White Cat</a>)  The post is entitled, "<a href="http://cnreviews.com/uncategorized/china_earthquake_relief_and_donation_guide_-_will_update_20080514.html">China Earthquake Donation Guide: 24+ ways to give,</a>" and it lists more than 24 charities involved with the China earthquake, along with descriptions and links.  It is all very impressive and for those interested in assisting, I urge you to check <a href="http://cnreviews.com/uncategorized/china_earthquake_relief_and_donation_guide_-_will_update_20080514.html">it</a> out.]]>
      
   </content>
</entry>
<entry>
   <title>Chengdu Blogs On The Scene Of The Earthquake</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chengdu_blogs_on_the_scene_of.html" />
   <id>tag:www.chinalawblog.com,2008://1.2634</id>
   
   <published>2008-05-14T07:12:21Z</published>
   <updated>2008-05-14T07:11:39Z</updated>
   
   <summary>Barking at the Sun blog has been online from Chengdu since August, 2007, and it has become a good source of information on the recent quake. Check it out. As I mentioned just last week, US National Public Radio (NPR) is in Chengdu (got there just in time for the quake), and it has been doing a good job blogging on events there. That blog can be found here. Are there any other good English...</summary>
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      <name></name>
      
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         <category term="Good People" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[<a href="http://www.barking-at-the-sun.net/blog/">Barking at the Sun</a> blog has been online from Chengdu since August, 2007, and it has become a good source of information on the recent quake.  Check <a href="http://www.barking-at-the-sun.net/blog/">it </a>out.  

As <a href="http://www.chinalawblog.com/2008/05/nprs_all_things_considered_doi.html">I mentioned</a> just last week, US National Public Radio (NPR) is in Chengdu (got there just in time for the quake), and it has been doing a good job blogging on events there.  That blog can be found <a href="http://www.npr.org/blogs/chengdu/">here</a>.

Are there any other good English language blogs out of Sichuan?]]>
      
   </content>
</entry>
<entry>
   <title>China WFOEs:  Can&apos;t Live With Them, Can&apos;t Live Without Them</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_wfoes_cant_live_with_the.html" />
   <id>tag:www.chinalawblog.com,2008://1.2632</id>
   
   <published>2008-05-14T05:53:29Z</published>
   <updated>2008-05-14T05:57:51Z</updated>
   
   <summary>Andrew Hupert at ChinaSolved did a post, entitled, &quot;WOFE Managers &amp; the Law: Know ‘em, Live ‘em, Love ‘em,&quot; on a speech by Tim Lamb on WFOEs (Wholly Foreign Owned Entities, a/k/a Wholly Owned Foreign Entities) and on complying with Chinese law. Andrew&apos;s Cliff Notes version is &quot;follow the law&quot;: Tim spoke for a while and covered a lot of important topics, but I’ll break down the main idea for you right now: China has...</summary>
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         <category term="Legal News" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[Andrew Hupert at ChinaSolved did a post, entitled, "<a href="http://www.chinasolved.com/blog/?p=296">WOFE Managers & the Law: Know ‘em, Live ‘em, Love ‘em,</a>" on a speech by <a href="http://www.chinalawblog.com/2008/03/china_labor_law_whats_good_for.html">Tim Lamb</a> on WFOEs (Wholly Foreign Owned Entities, a/k/a Wholly Owned Foreign Entities) and on complying with Chinese law.  Andrew's <a href="http://www.cliffsnotes.com/WileyCDA/">Cliff Notes</a> version is "follow the law":

<blockquote>Tim spoke for a while and covered a lot of important topics, but I’ll break down the main idea for you right now: China has a comprehensive body of business law, and if you break those laws you stand a very good chance of having a very bad time.

What about your old-hand friends who tell those hilarious stories about making buckets of cash without filing a form or leaving a corner uncut? Talk to them when it’s time to sell, move or cash out. Those stories tend to be a lot less amusing.  </blockquote>

Tim/Andrew are absolutely right. More particularly, Tim had the following to say:

    <blockquote>1) <strong>Not everyone breaks the rules.</strong> In fact, if you are a foreign business in China, you are going to be scrutinized by a wide range of governments, bureaucracies and regulators who all hope to catch you doing something illegal. Those fines, penalties and overdue fees show up on their P&L statements, so good luck trying to squirm your way out of them. Oh — and if you are still having your receptionist negotiate with government officials, you may want to consider raising your game a little and investing in a relationship with a qualified lawyer, accountant or consultant. 

      2) <strong>It’s your responsibility to know the laws.</strong> If it is going to take 6 months to set up your WOFE or move the HQ from Beijing to Shanghai, then that is YOUR problem – not China’s. You can’t win in court by claiming ignorance. You can’t claim that the contract shouldn’t be binding because you can’t read Chinese. You can’t say you didn’t know you needed permission or approval to do business here. Those days, unfortunately, seem to be over. 

      3) <strong>China’s new HR rules cover western companies AND WESTERN EMPLOYEES in China. </strong>Yes, that’s right – all of your expat managers need contracts must receive some form of benefits, pay taxes and everything else listed in the new HR law. Will your Senior VP of Marketing who earns $150 k per year sue you for a badly worded contract? Probably not. Will the pissed-off salesman with the Chinese wife sue when you fire him for non-performance? Hmmm. Better make sure your paperwork’s all in order. 

      4) <strong>You have to spend your registered capital within a set period of time.</strong> Yes, I know how clever you felt when you started your WOFE and banked 75% of the required capital. That was great. Now invest the funds or plan on explaining to some VERY humorless bureaucrats why you didn’t. It won’t be a problem, unless you plan on expanding, moving, selling or getting audited by the government (which should be happening every year). 

      5) <strong>You need government permission to move, expand, open new branches or make significant changes to your business plan.</strong> Furthermore, if you want to dissolve your WOFE or rep office, you had best follow official procedures (which sound quite involved and time-consuming) if you ever plan on doing business in China again. China loves paperwork.</blockquote>

I agree with all of the above, but would add that doing things right early makes it much cheaper and easier than starting off incorrectly and then having to clean up.  ]]>
      
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</entry>
<entry>
   <title>China Getting Wise To Media:   The Earthquake And Wikipedia</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_getting_wise_to_media_th.html" />
   <id>tag:www.chinalawblog.com,2008://1.2633</id>
   
   <published>2008-05-13T05:03:02Z</published>
   <updated>2008-05-15T06:14:12Z</updated>
   
   <summary>By Steve Dickinson, from Shanghai The Chinese media response to yesterday&apos;s Sichuan Province earthquake has been unexpected. When these sorts of things happened in the 80s or the 90s or even two years ago, there was a virtual media blackout. Not true for this disaster. Local newspapers were full of stories with precise details. On my television, four stations were broadcasting live footage of the damage and the relief efforts. This is a striking change...</summary>
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      <![CDATA[By <a href="http://www.avvo.com/attorneys/98101-wa-steven-dickinson-14685.html">Steve Dickinson</a>, from Shanghai

The Chinese media response to yesterday's Sichuan Province earthquake has been unexpected.  When these sorts of things happened in the 80s or the 90s or even two years ago, there was a virtual media blackout.  Not true for this disaster.  Local newspapers were full of stories with precise details. On my television, four stations were broadcasting live footage of the damage and the relief efforts.  This is a striking change from the past.  As I was watching the coverage, CCTV 4 (central government owned and controlled) ran a story about the response of foreign governments to the disaster.  Messages of condolence and offers for aid were published from four countries: Japan, the United States, France and Germany.  No such messages were broadcast from Russia or India, two countries bordering on China who are in the best position to provide immediate assistance.  Maybe I am reading too much into this, but I see it as a gesture from the central government to portray the four countries mentioned in a positive light after the recent wave of anti-western sentiment related to the Olympics torch relay.  

I think it also bears mentioning that the English version of Wikipedia has been unblocked for the past several weeks.  There has been no announcement of why this has occurred or for how long it will last.  I assume the reason for this unblocking is that Wikipedia is now such a critical source of information that Beijing has determined denying its citizens access to it will just hurt China with little corresponding benefit.  If I am correct about this, it should remain open indefinitely. 

UPDATE:  Jonathan Ansfield has a great post on Newsweek's Countdown to Beijing Blog, entitled, "<a href="http://blog.newsweek.com/blogs/beijing/archive/2008/05/13/state-tv-on-speed.aspx">Seismic Shift: State TV on Speed,</a>"  focusing on China's state TV coverage of this disaster.   

]]>
      
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<entry>
   <title>China&apos;s New Labor Contract Law -- Clarifications A Comin&apos;</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_new_labor_contract_law_1.html" />
   <id>tag:www.chinalawblog.com,2008://1.2628</id>
   
   <published>2008-05-13T01:25:32Z</published>
   <updated>2008-05-13T01:25:14Z</updated>
   
   <summary>By Andrew Grieve and Steve Dickinson (Andrew is a paralegal with Harris &amp; Moure who is fluent in written and spoken Mandarin). The Labor Contract Law continues to generate much controversy in China. As is typical of Chinese statutes, the law is unclear on many key issues. The usual way such ambiguities are resolved is through implementing regulations. On May 8, 2008, the PRC State Council issued a comment draft [in Chinese] of proposed Labor...</summary>
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      <![CDATA[By <a href="http://www.linkedin.com/in/ajgrieve">Andrew Grieve</a> and <a href="http://www.avvo.com/attorneys/98101-wa-steven-dickinson-14685.html">Steve Dickinson </a> (Andrew is a paralegal with Harris & Moure who is fluent in written and spoken Mandarin).  

The Labor Contract Law continues to generate much controversy in China. As is typical of Chinese statutes, the law is unclear on many key issues. The usual way such ambiguities are resolved is through implementing regulations. On May 8, 2008, the <a href="http://www.chinalaw.gov.cn/jsp/contentpub/browser/contentpro.jsp?contentid=co8862540187.">PRC State Council </a>issued a <a href="http://www.chinalaw.gov.cn/jsp/contentpub/browser/contentpro.jsp?contentid=co607172472-">comment draft</a> [in Chinese] of proposed Labor Contract Law Implementation Regulations.  

Unfortunately, the proposed draft likely will not resolve important issues arising from the law, as they are short and mostly confined to simply repeating what is already stated in the law. This is unusual, since omplementing regulations tend to be longer than the laws that generate them. In a form of wish fulfillment, some <a href="http://www.scmp.com/vgn-ext-templating/v/index.jsp?vgnextoid=7e39733a39ec9110VgnVCM100000360a0a0aRCRD&s=Business&ss=Companies">commentators</a> from Hong Kong have seen the draft regulations as an attempt to weaken the law.  We do not view them this way.  Other <a href="http://www.chinanews.com.cn/cj/kong/news/2007/12-27/1116103.shtml">commentators</a> within China have seen the regulations as an attempt to make the law even stricter. We also disagree with that view. 

The reality is that the comment draft implementing regulations leave us pretty much where we started. Foreign companies operating in China need to continue focusing on dealing with the law as drafted.

The comment draft implementing regulations do clarify a couple of points that may have been ambiguous in the original law.   

Probably most importantly, the regulations state that an open term contract comes into play once an employee has completed  two fixed term contracts and the employer continues the labor relationship, or if the employee has been working for at least 10 years with the current employer. Only if the employee explicitly states that he or she wishes to enter into a new fixed term contract can this be avoided. 

The new draft has some interesting things to say in this regard:

When seeking to determine whether an employee has been working for a full ten years, the draft regulations state that an employee's time with the old employer will be added to the employment period with the new employment if the worker's reason for having moved to the new employer was due to corporate plans or administrative decisions.  This is clearly an attempt to prevent employers with multiple companies from using those companies to move employees around just before they would be eligible for the unfixed term contract.   

At the end of the term of a fixed term labor contract, should there be a provision for automatic renewal and the employee continues to work, or if there is no provision, but the company makes no compensatory payment and does not complete the process for the termination of employment, the draft views this as a natural extension of the labor contract for a further fixed period of the initial contract. If this would make the employee eligible for an unfixed term contract, then unless the employee specifies otherwise, the contract is deemed to be on an unfixed term.

If a worker under one of the following circumstances has been employed for 10 full years and wishes to enter into an unfixed period contract, the employer is required to do so:

1)  having been exposed to dangerous conditions and not having had a health check before leaving the position, or during the diagnosis or medical examination of a suspected occupational disease;

2)  during the recovery period for a non-work related injury or illness

3)  female workers during pregnancy, giving birth or breastfeeding. 

This is an awkwardly written provision that grants an employee the right to an unfixed term contract by the simple accident of illness or pregnancy.

Under the law, termination of labor contracts can only be done under specific and narrowly defined set of circumstances. Since many companies have been trying to get around these requirements by building additional clauses into contracts specifying specific conditions for the termination of the contract, the draft also provides that:

Contracts cannot include termination clauses that fall outside of the scope of the labor contract law, additional responsibilities for breach, or other labor regulations (for example company regulations) that do not fall within the scope of the labor contract law. 

The draft regulations also now restrict an employer's ability to levy fines or penalties against an employee to the following employee acts:

1)  Serious violation of company rules and regulations
2)  Serious dereliction of duty, embezzlement, damaging the interests of the employer
3)  Entering into an employment agreement with a third party that affects the completion of tasks and refusal to remedy the situation
4)  Entering into the labor contract under false premises or through intimidation
5)  Being subject to criminal investigation.

This list is also found in the Labor Contract Law, so the draft essentially just clarifies that these are the only acceptable conditions and that no additional penalties may be incorporated into contracts.

Quite often, migrant workers do not want to sign written contracts, especially if they believe they will want to change jobs relatively quickly and/or go home and not come back during the Chinese New Year holiday.  The draft regulations allow employers to protect themselves by terminating a labor relationship within one month of its commencement if the employee refuses to sign a written contract, without having to pay any compensation. Between this first month and the first year of employment, if no contract has been signed, and the employee still refuses to sign a contract, the employer may terminate the labor relationship, but is required to pay compensation on the basis of one month's wages for each full year of employment. It is still necessary to pay twice the monthly wage for each month of employment without a written contract, but the company now is able to terminate the relationship with the employee.

So while the new regulations do provide some clarifications, these are mostly aimed at closing loopholes and preventing companies from working around the Labor Contract Law. There is no substantially new content, and since the regulations are in draft, it is likely that some of the more inflexible measures, such as unfixed term contracts for sick or pregnant workers may see some challenge. The end result, however, is that employers must still plan to get in compliance with existing PRC labor law, including the Labor Contract Law. There is absolutely no indication that the Chinese government plans to back off from or weaken the provisions of that law. If anything, the current trend seems to be to move in an even more strict direction favorable to the worker.]]>
      
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<entry>
   <title>China&apos;s Earthquake:  How You Can Help</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_earthquake_how_you_can.html" />
   <id>tag:www.chinalawblog.com,2008://1.2630</id>
   
   <published>2008-05-12T19:19:15Z</published>
   <updated>2008-05-14T22:58:00Z</updated>
   
   <summary>Shanghaiist just posted on how you can help the victims of China&apos;s recent earthquake. Here&apos;s the info, straight from Shanghaiist: For those who are looking to contribute to current aid efforts underway, you can now donate money to the Red Cross Society of China which has formed a disaster relief working group to be dispatched to the earthquake-stricken Wenchuan County in Sichuan. They have also published an emergency relief hotline, along with bank account information...</summary>
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      <![CDATA[<a href="http://shanghaiist.com/2008/05/13/red_cross_society_earthquake_sichuan.php">Shanghaiist</a> just posted on how you can help the victims of China's recent earthquake.  Here's the info, straight from Shanghaiist:

<blockquote>For those who are looking to contribute to current aid efforts underway, you can now donate money to the Red Cross Society of China which has formed a disaster relief working group to be dispatched to the earthquake-stricken Wenchuan County in Sichuan. 

They have also published an emergency relief hotline, along with bank account information to receive donations to assist their cause: 

Account name: Red Cross Society of China
开户单位：中国红十字会总会

For those who want to donate in RMB: you can send money to the RMB account at the Industrial and Commercial Bank of China branch below: 
人民币开户行: 中国工商银行 北京分行东四南支行
人民币账号: 0200001009014413252

For those who want to donate in foreign currency, you can send money to the foreign currency account at the CITIC Bank branch below:
外币开户行：中信银行酒仙桥支行
外币账号: 7112111482600000209

Hotline: (8610) 65139999
Online donations: Red Cross Society of China website: www.redcross.org.cn 
Click the tab for online donations </blockquote>

We will add others to this as more becomes known.  

UPDATE:  Thanks to all who have provided additional methods for contributing.  CLB has <em>no</em> real knowledge regarding any of these charities nor any real expertise at determining which of these charities make the most sense or which is "the best."  In other words, you all are on your own for that.  ]]>
      
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</entry>
<entry>
   <title>How To Start Your Silicon Valleyesque Startup In China</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/how_to_start_your_silicon_vall.html" />
   <id>tag:www.chinalawblog.com,2008://1.2627</id>
   
   <published>2008-05-12T06:59:56Z</published>
   <updated>2008-05-12T15:07:27Z</updated>
   
   <summary>Cn Reviews, has a very informative post entitled, &quot;AAMA Panel on &apos;Silicon Valley-Style&apos; Startups in China: The Next Wave,&quot; on getting a startup going in China. The post is on a recent Asia American MultiTechnology Association dinner where a number of clearly qualified people spoke on China startup information. I really liked the following advice by Eric Chen, on whether to use or avoid government: There really are two schools of thought. The first school...</summary>
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         <category term="China Business" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[Cn Reviews, has a very informative post entitled, "<a href="http://cnreviews.com/entrepreneurship/aama_panel_on_silicon_valley-style_startups_in_china_the_next_wave_20080511.html">AAMA Panel on 'Silicon Valley-Style' Startups in China: The Next Wave,</a>" on getting a startup going in China.   The post is on a recent Asia American MultiTechnology Association dinner where a number of clearly qualified people spoke on China startup information.  

I really liked the following advice by <a href="http://www.wiharper.com/theteam/sanfrancisco2-Eric-Chen.html">Eric Chen</a>, on whether to use or avoid government:

<blockquote>There really are two schools of thought. The first school is to avoid, and stay under the radar screen of the government. For some areas, like internet and wireless, you can start out small enough to fly under the radar. The second school is to use the government as a strategy to secure grants, land, financing, concessions. This makes more sense when there is larger capital to be raised....</blockquote>

However, I was less thrilled with this advice regarding how to get started:

<blockquote>Getting started can be easy. You can create a special purpose vehicle in BVI or Cayman Island for no more than a few thousand dollars. It's a cost-effective way to get started. Then do your fundraising. It's easy to start with a representative office in China. Can be fast and easy. 

If you are on a shoestring budget, you can just set up a cheap offshore structure to do preliminary activity. There is no need to set up a Wholly Owned Foreign Enterprise (WOFE). Don’t let people tell you that it costs $80k to set up a WOFE, you should be able to set it up for about $25k. Should be comparable to setting up a business here in Silicon Valley. There is also a registered Capital requirement of at least RMB100,000. </blockquote>

Not sure if this was actually the advice given, or just how it was recorded, but it definitely goes against the grain of how things really should be done in China, particularly in light of all that has transpired in the last few monhts.  

One should be very wary of going in as a representative office just because it is initially cheaper than a Wholly Foreign Owned Entity (WFOE).  Representative Offices are simply not legal for all sorts of activities, including making money within China.  It is usually not cost effective to start out as a Representative Office and then have to switch quickly to a WFOE.   

I also do not like the advice of going into China without a business entity.  There are all sorts of reasons not to like this, but two spring quickly to mind.  The first is that it will probably be illegal, which could lead to your business being shut down soon after it starts.  My firm received a call from an American company just last week that had been ordered to shut down for not having registered.  As everyone knows, China has really stepped up its law enforcement against foreigners in the last few months and now is not the time to be starting an illegal business.  The second is that having a business entity has <a href="http://www.chinalawblog.com/2008/04/china_visa_certainty_z_visas_a.html">become nearly vital for securing a decent China visa</a>.  I agree that one should not be paying $80,000, but I also think one should not have to pay even as much as $25,000 either.  It is somewhat misleading to say the minimum capital requirement is at least RMB 100,000.  That is the written minimum for all of China, but in many of the most desirable cities like Beijing and Shanghai, it is virtually unheard of to get a WFOE going for anything less than USD$100,000 in capital.

The post is also really good for Chinese Americans thinking of going to or returning to China.  ]]>
      
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</entry>
<entry>
   <title>China By The Numbers.</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_by_the_numbers.html" />
   <id>tag:www.chinalawblog.com,2008://1.2626</id>
   
   <published>2008-05-12T06:27:41Z</published>
   <updated>2008-05-12T06:27:02Z</updated>
   
   <summary>Uber reporter Tim Johnson over at his perennially superb China Rises Blog has a post up entitled, &quot;China By The Numbers,&quot; which consists nearly entirely of a list of interesting numbers from this Independent article highlighting China&apos;s rapid change. Both the post and the full article are well worth a read, particularly if you are a numbers geek like me. What&apos;s the deal with The Independent anyway? I don&apos;t remember noticing it until a year...</summary>
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      <![CDATA[Uber reporter Tim Johnson over at his perennially superb China Rises Blog has a post up entitled, "<a href="http://washingtonbureau.typepad.com/china/2008/05/looking-at-chin.html">China By The Numbers,</a>" which consists nearly entirely of a list of interesting numbers from this <a href="http://www.independent.co.uk/news/world/asia/the-dragon-awakens-china-how-did-it-happen-823627.html">Independent article</a> highlighting China's rapid change.  Both the post and the full article are well worth a read, particularly if you are a numbers geek like me. 

What's the deal with The Independent anyway?  I don't remember noticing it until a year or so ago and now I am finding all kinds of interesting China and non-China articles in it?   ]]>
      
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<entry>
   <title>China Statistics.  Lies And Damn Lies.</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/china_statistics_lies_and_damn.html" />
   <id>tag:www.chinalawblog.com,2008://1.2625</id>
   
   <published>2008-05-11T17:11:19Z</published>
   <updated>2008-05-11T17:23:59Z</updated>
   
   <summary>Excellent post up by my friend Jeremy Gordon over at China Business Services. Post is entitled, &quot;Statistics That Don&apos;t Add Up,&quot; and it is on the notorious unreliability of Chinese economic statistics. Where it excels is in breaking down and recalculating the numbers and in giving us a Goldman Sachs roadmap on determining reliability. The post is based on an Economist article, entitled, &quot;An aberrant Abacus,&quot; which posits that China has actually been underestimating its...</summary>
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         <category term="China Business" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[Excellent post up by my friend Jeremy Gordon over at China Business Services.  Post is entitled, "<a href="http://www.chinabusinessservices.com/blog/?p=653">Statistics That Don't Add Up,</a>" and it is on the notorious unreliability of Chinese economic statistics.  Where it excels is in breaking down and recalculating the numbers and in giving us a Goldman Sachs roadmap on determining reliability.  

The post is based on an Economist article, entitled, "<a href="http://www.economist.com/displayStory.cfm?Story_ID=11290833">An aberrant Abacus,</a>" which posits that China has actually been underestimating its economic growth over the last few years.  The article also puts forth the following "guide (developed by Goldman Sachs) to the reliability of official Chinese number" by ranking the reliability of Chinese government stats from 1-5, with 5 being the most reliable: 

• Foreign Trade: 5
• Money Supply: 5
• Industrial production: 4
• Consumer Prices: 4
• GDP: 3
• Retail Sales: 3
• Fixed Investment: 2
• Employment: 2
• Average Earnings: 1
• Unemployment: 1

Seems like the accuracy declines the more the numbers might affect the CCP's position with its own people.   What do you think?]]>
      
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</entry>
<entry>
   <title>China&apos;s Environment From The Inside</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_environment_from_the_in.html" />
   <id>tag:www.chinalawblog.com,2008://1.2624</id>
   
   <published>2008-05-11T17:07:50Z</published>
   <updated>2008-05-11T17:08:43Z</updated>
   
   <summary>US Public Broadcasting Service (PBS) did a pretty good (though somewhat bombastic as is PBS&apos;s wont) series a while back, entitled, &quot;China From the Inside.&quot; For those of you who did not have access to it or missed it, All Roads Lead to China just put up (via YouTube) the episode on China&apos;s environment. Nothing terribly new or earth shattering in it, but it does do a really good job in bringing China&apos;s environment to...</summary>
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      <![CDATA[US Public Broadcasting Service (PBS) did a pretty good (though somewhat <a href="http://www.bombasticgirls.com.ar/">bombastic</a> as is PBS's <a href="http://dictionary.reference.com/browse/wont">wont</a>) series a while back, entitled, "<a href="http://www.pbs.org/kqed/chinainside/nature/index.html">China From the Inside.</a>"  For those of you who did not have access to it or missed it, <a href="http://www.allroadsleadtochina.com/index.php/2008/05/11/china-economic-growth-vs-environment/">All Roads Lead to China </a>just put up (via YouTube) the episode on China's environment.  Nothing terribly new or earth shattering in it, but it does do a really good job in bringing China's environment to life, in a way television can and should.   Go <a href="http://www.allroadsleadtochina.com/index.php/2008/05/11/china-economic-growth-vs-environment/">here</a> to watch it.]]>
      
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</entry>
<entry>
   <title>90 Minutes From Shanghai To Paris (Ningbo)</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/90_minutes_from_shanghai_to_pa.html" />
   <id>tag:www.chinalawblog.com,2008://1.2621</id>
   
   <published>2008-05-09T05:35:27Z</published>
   <updated>2008-05-09T05:35:33Z</updated>
   
   <summary>Well, not quite, but the Shanghai to Ningbo bridge is the world&apos;s longest cross-sea span and it cuts the drive from Shanghai to Ningbo from 400 km to 80km. CLB&apos;s own Steve Dickinson just returned from Ningbo, having travelled there from Shanghai to meet with a client who is setting up a manufacturing plant there. I asked Steve what he thought of it and here is his response: The bridge was truly amazing. It is...</summary>
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         <category term="China Travel" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[Well, <a href="http://en.wikipedia.org/wiki/Vactrain">not quite</a>, but the Shanghai to Ningbo <a href="http://shanghaiist.com/2008/05/08/ningbo_bridge_a.php">bridge</a> is the world's longest cross-sea span and it cuts the drive from Shanghai to Ningbo <a href="http://news.xinhuanet.com/english/2007-06/26/content_6292522.htm">from 400 km to 80km</a>. 

CLB's own <a href="http://www.avvo.com/attorneys/98101-wa-steven-dickinson-14685.html">Steve Dickinson</a> just returned from Ningbo, having travelled there from Shanghai to meet with a client who is setting up a manufacturing plant there.  I asked Steve what he thought of it and here is his response:

<blockquote>The bridge was truly amazing. It is not like a bridge. It is like a very long, straight road. Just like the Beijing airport: the impossible, done quickly and well. Query: why can they do these things and then not be able to put the right paint on a toy? There is reason at the bottom of all this, and I think pricing and profit margins play a role.</blockquote>

Anyone else been down that bridge yet?  ]]>
      
   </content>
</entry>
<entry>
   <title>China&apos;s Visa Situation.  Now Clear As Mud.</title>
   <link rel="alternate" type="text/html" href="http://www.chinalawblog.com/2008/05/chinas_visa_situation_now_clea.html" />
   <id>tag:www.chinalawblog.com,2008://1.2622</id>
   
   <published>2008-05-09T05:32:32Z</published>
   <updated>2008-05-09T05:49:18Z</updated>
   
   <summary>The Yuan Also Rises blog has a nice post up on China&apos;s current visa situation (at least as of this week). The post is entitled &quot;Clear as Mud,&quot; and, among other things, it notes of reports that China visas may be easier to obtain in Japan, Korea, Vietnam and Thailand than in England and Hong Kong. I used to almost always get my visa in Seoul by going to the Chinese Embassy there in the...</summary>
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         <category term="China Travel" scheme="http://www.sixapart.com/ns/types#category" />
   
   
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      <![CDATA[The Yuan Also Rises blog has a nice post up on China's current visa situation (at least as of this week).  The post is entitled "<a href="http://www.cibmagazine.com.cn/theyuanalsorises/index.php/2008/05/09/clear-as-mud/">Clear as Mud,</a>" and, among other things, it notes of reports that China visas <strong><u>may</u></strong> be easier to obtain in Japan, Korea, Vietnam and Thailand than in England and Hong Kong.  

I used to almost always get my visa in Seoul by going to the Chinese Embassy there in the morning, producing an airplane ticket showing my flight leaving that afternoon, and pleading rather nicely for a visa before my plane would take off.  I think the longest I have ever had to wait was one hour.  Maybe I will have to go back to that when my multiple entry visa expires in September or maybe the tightened requirements for visas will have ended by then.  ]]>
      
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