PRC Investment and Legal Compliance 彙整

Teresa Huang and Yuki Chiang The Ministry of Economic Affairs announced the draft amendment to Articles 5 and 10 of the Regulation on Permission for Investment or Technical Cooperation in Mainland China, adjusting the types of technical cooperation. In addition to delete the provisions requiring Taiwan individuals or entities to apply for prior trademark and copyright transferring approval, the draft included that “a shares transferring case in which its previous investment has been approved by the critical technical-groups convened by the competent authorities” shall apply for approval in advance.

2020 年 11 月 1 日

The different treatments of an individual with household registration in the Mainland area or holding a passport issued by the Mainland area under Article 9-1 of the Statute for Cross-Strait Relations do not violate the principle of equality under the Constitution (Taiwan)

Nora Shih The Taipei High Administrative Court rendered the 108-Su-1714 Decision of June 3, 2020 (hereinafter, the “Decision”), holding that the different treatments of the citizen’s rights and obligations of an individual with household registration in the Mainland area or […]

2020 年 8 月 21 日

Introduction to the Current Situation of A-share Listing of Taiwan-funded Enterprises in Mainland China (Mainland China)

Karl Zhang[i] Since the listing of Zhejiang King Refrigeration Industry Co., Ltd. (hereinafter, “Guoxiang”) on the Shanghai Stock Exchange (hereinafter, the “SSE”) in 2003, nearly 30 Taiwan-funded enterprises have been listed and raised capital in the mainland capital market. In […]

2020 年 7 月 28 日

Major Precautions after the Implementation of the Contract Part of the Civil Code (Mainland China)

Teresa Huang and Jolene Chen [1] The Civil Code was adopted by the Third Session of the Thirteenth National People’s Congress on May 28, 2020, and will go into effect on January 1, 2021, when the era of the Civil […]

2020 年 4 月 15 日

Adjustments to the Governance Structure of Sino-foreign Equity Joint Ventures to be noted after the Implementation of the Foreign Investment Law (Mainland China)

Teresa Huang and Joyce Wen[1] The year 2020 is a year of significant reform for foreign investors who have already invested or plan to invest in China. The Foreign Investment Law of the People’s Republic of China (hereinafter, the “Foreign […]

2020 年 4 月 1 日

If there is no fact of mainland Chinese spouses and their Taiwanese spouses living together, the mainland Chinese spouses will lose their basis for their spouse residencies or long-term residencies in the Taiwan Area, and therefore should be denied residence permits (Taiwan)

Fang-Wei Lin The Supreme Administrative Court rendered the 108-Pan-495 Decision of October 24, 2019 (hereinafter, the “Decision”), holding that mainland Chinese spouses living together with their Taiwanese spouses is the prerequisite for approving their residence permit, and that if they […]

2019 年 11 月 30 日

The management mechanisms for the visit of civil servants to mainland China are enhanced by amending the Statute for Relations between the People of the Taiwan Area and the Mainland Area (Taiwan)

Fang-Wei Lin The Legislative Yuan adopted the amendments to the Statute for Relations between the People of the Taiwan Area and the Mainland Area (hereinafter as “the Statute”) by three readings on July 3, 2019 to further create an accommodating […]

2019 年 7 月 31 日

Import of drugs made in mainland China to Taiwan shall be regarded as an import under Article 40 of the Statute for Relations Between the People of the Taiwan Area and the Mainland Area, and drugs imported without authorization should be deemed prohibited drugs under Article 22, Paragraph 1, Subparagraph 2 of the Pharmaceutical Affairs Law (Taiwan)

2019.4.11 Nora Shih The Supreme Court rendered the 108-Tai-Shang-788 Criminal Decision of April 11, 2019 (hereinafter, the “Decision”), holding that import of drugs made in mainland China to Taiwan shall be regarded as an import under Article 40 of the […]

2019 年 6 月 30 日

The Statute for Relations Between the People of the Taiwan Area and the Mainland Area cleared through three legislative readings with an increased ceiling of penalty for unauthorized investment in Taiwan by mainland China investors (Taiwan)

2019.4.9 Fang-Wei Lin The Legislative Yuan adopted Article 93-1 of the Statute for Relations Between the People of the Taiwan Area and the Mainland Area (hereinafter, the “Statute”) by three readings during the 8th Meeting of the 7th Session of […]

2019 年 4 月 30 日

Measures of the Supreme People’s Court on Providing Judicial Services for More Integrated Cross-Strait Developments (Mainland China)

2019.3.25 Karl Zhang Recently, the Supreme People’s Court issued the Circular on Measures for Providing Judicial Services for More Integrated Cross-Strait Developments (the “Measures”) to comprehensively provide equal protection to the interests of Taiwan compatriots, promote cross-strait economic and cultural […]

2019 年 3 月 31 日

Since the law does not specifically provide that people from mainland China may apply to enter Taiwan for litigation reason, the litigation procedure should be erroneous as the original trial court rendered a default judgment at discretion on the ground that the mainland China citizen had failed to appear on the date of oral arguments after being lawfully notified (Taiwan)

2018.10.12 Elva Chuang The Supreme Administrative Court rendered in the 107-Pan-602 Decision of October 12, 2018 (hereinafter, the “Decision”), holding that since the law does not specifically provides that people from mainland China may apply to enter Taiwan for litigation, […]

2019 年 3 月 31 日

For a notarial certificate issued in mainland China and authenticated by a designated agency, the competent authority is still required to thoroughly examine the authenticity and legal appropriateness of its substantive contents by generally considering all facts and evidence (Taiwan)

2018.10.25 Jhen-Yi Chen The Supreme Administrative Court rendered the 107-Pan-608 Decision of October 25, 2018 (hereinafter, the “Decision”), holding that for a notarial certificate issued in mainland China and authenticated by a designated agency, the competent authority is still required […]

2018 年 10 月 19 日

The Impact of the 31 Policy Measures to Benefit Taiwan and Other Relevant Recent Policies Announced by China on Internet Operators in Taiwan

Fang Wei Lin, Elva Chuang, Nadine Cheng (Mainland China) Internet-related industries have been development focuses of China in recent years. This year (2018), the Taiwan Affairs Office promulgated the Specific Measures for Promoting Cross-Strait Economic and Cultural Exchanges and Cooperation […]

2018 年 10 月 19 日

Brief Discussions on Cross-Strait Cooperation of Financial Credit Investigation

Tiffany Hsiao (Taiwan) Sophia Tsai(Taiwan) Nadine Cheng (mainland China) On February 28, 2018, Specific Measures on Promoting Cross-Strait Economic and Cultural Exchanges and Cooperation (hereinafter, the “31 Measures to Benefit Taiwan”) were promulgated in mainland China to point out that […]

2018 年 10 月 19 日

Brief Analysis on Impact of the 31 Policy Measures to Benefit Taiwan on Westward Movement of Taiwan’s Medical Service Industry

Jenny Chen, Oli Wong and Debby Yu (Taiwan) Joyce Wen (mainland China) On February28, 2018, the Taiwan Affairs Office of the State Council and the National Development and Reform Commission in mainland China promulgated “Several Measures on Promoting Cross-Strait Economic […]

2018 年 10 月 19 日

Opportunities and Challenges for Business Development of Start-ups in Mainland China

Sophia Tsai and Joline Chen (mainland China) On February 28, 2018, the Specific Measures for Promoting the Cross-Strait Economic and Cultural Exchanges and Cooperation (hereinafter, the “31 Measures to Benefit Taiwan”) were promulgated on February 28, 2018. In particular, it […]

2018 年 10 月 19 日

Brief Analysis of the Cross-Strait Mobile Payment Industry in Response to the “China’s 31 Preference Policies for Taiwan”

Grace Chiang (Taipei) Joline Chen (Shanghai) While the mobile payment industry has developed prosperously thanks to the wide mobile device applications in recent years, there are grey areas in the regulatory aspect because it often overlaps with the strictly regulated […]

2018 年 10 月 19 日

Introduction of the Book Publishing Market on Both Sides of the Strait – Impact Analysis of the 31 Policy Measures to Benefit Taiwan

Angela Wu Joyce Wen (mainland China) Foreword According to statistics, Taiwan had 4,979 publishing houses in total in 2016 with a total of 38,807 kinds of new books[1] published and an estimated overall revenue of NT$42.5 billion from book sales […]

2018 年 9 月 30 日

Measures on the Application and Issuance of Residence Permits for Hong Kong, Macao or Taiwan Residents (Mainland China)

The General Office of the State Council issued a circular on August 6, 2018 in which it formulated the Measures on the Application and Issuance of Residence Permits for Hong Kong, Macao or Taiwan Residents, (the “Measures”) for the application […]

2018 年 9 月 30 日

Amendments to the Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu/Penghu and the Mainland China Area (Taiwan)

2018.7.17 Jenny Chen On July 17, 2018, the Executive Yuan released the amendments to Articles 4, 6, 10-12 and 17 of the Regulations Governing the Trial Operation of Transportation Links Between Kinmen/Matsu/Penghu and the Mainland China Area (hereinafter, the “Regulations”) […]

2018 年 9 月 30 日

Spouses from Hong Kong or Macao who have obtained a Taiwan Resident Certificate pursuant to Article 16, Paragraph 1, Subparagraph 1 of the Rules for Approving the Entry of Citizens of Hong Kong and Macao to Taiwan and their Residency or Permanent Residency or a Taiwan Area Permanent Resident Certificate with Multiple Reentry Permit may apply to participate in skill tests pursuant to Articles 6 through 9 of the Rules for Technician Skills Certification and Issuance of Certificates. (Taiwan)

2018.7.30 Elva Chuang Under Article 16, Paragraph 1, Subparagraph 1 of the Rules for Approving the Entry of Citizens of Hong Kong and Macao to Taiwan and their Residency or Permanent Residency, citizens of Hong Kong or Macao may apply […]

2018 年 8 月 31 日

Circular of the Fujian Provincial Department of Housing and Urban-Rural Development on the Implementation of the Opinions of the Fujian Province on Measures for Promoting Cross-Strait Economic and Cultural Exchanges and Cooperation (Mainland China)

2018.7.2 Di Wu The Fujian Provincial Department of Housing and Urban-Rural Development (the “Department”) issued a circular (the “Circular”) on July 2, 2018 to make arrangements for matters concerning the implementation of the Opinions of the Fujian Province on Measures […]

2018 年 8 月 31 日

Circular of the Fujian Development and Reform Commission on the Proper Implementation of the Opinions of the Fujian Province on Measures for Promoting Cross-Strait Economic and Cultural Exchanges and Cooperation (Mainland China)

2018.7.4 Di Wu The Fujian Development and Reform Commission (the “Commission”) issued a circular (the “Circular”) on July 4, 2018 to make further arrangements for the implementation of the Opinions of the Fujian Province on Measures for Promoting Cross-Strait Economic […]

2018 年 7 月 31 日

A divorce decision rendered by a court in mainland China but not recognized by a Taiwan court cannot become effective in Taiwan, and the marital relationship should lapse based on a final judgment rendered by a district court in Taiwan (Taiwan)

2018.5.28 Yi-Shan Cheng The Secretary General of the Judicial Yuan issued the Mi-Tai-Ting-Shao-Jia-Two-1070012724 Circular of May 28, 2018 (hereinafter, the “Circular”), holding that a divorce decision rendered by a court in mainland China but not recognized by a Taiwan court […]

2018 年 7 月 10 日

Made in China 2025 – Outlook of Westward Movement of Taiwan’s Smart Manufacturing Industry

Taipei: Jhen-Yi Chen and Hsiao-Han Su/ Shanghai: Yanting Pei I.31 Policy Measures to Benefit Taiwan On February 28, the Specific Measures Concerning the Promotion of Cross-Strait Economic and Cultural Exchanges and Cooperation, which is generally known as the 31 Policy […]