Baker McKenzie has issued the following Client Alert:
On December 7, 2016, China’s National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) released a draft 2016 version of the “Catalogue for the Guidance of Foreign Investment Industries” (“Catalogue”) for public comment until January 6, 2017.

The draft was issued following the recent reform of the foreign invested enterprise (“FIE”) approval regime. The special administrative measures on access of foreign investments (“Negative List”) section of the Catalogue will be used to determine whether foreign investments in relevant industries will be subject to the approval of MOFCOM or its local branches.

The new draft also promises to open up a significant number of currently restricted and prohibited sectors to foreign investors. Compared to the current version of the Catalogue, which was issued on March 10, 2015, the draft Catalogue reduces the number of restrictive measures (i.e. limitations on ownership of shares, restricted items and prohibited items) from 93 to 62.

The full Client Alert can be consulted here.

Are you having problems doing Business in China or are you planning to expand your company in China?

We are a team of three General Management students looking for an In Company Project (ICP) for the months May and June. During the ICP a team of two/three Vlerick students will put their experience and fresh look into practice to analyse your strategic problem and give recommendations. The project will be closely mentored by an established Vlerick professor. Our team consists of different backgrounds: Chinese language & Business Economics, Law, Pharmacy, but we all share an interest in Asia and Global Change.

Are you interested in our advise, or somewhat curious? Please contact us at mara.vandorst@edu.vlerick.com

A Practical Guide to Help You Makes Sales in China Safely and Smoothly

Price: 50 EUR
Contract compliance and effective enforcement of contract rights concern every company doing business in China. Knowing how to check a Chinese company’s background and what essential elements should be included in your sales contract can help you minimise business risks and avoid making common mistakes in the Chinese market. This Guide identifies the key terms that you should consider when drafting a sales contract for exporting goods to China. It will provide you basic and practical insights into the contractual aspect of Chinese business, and help you evaluate the viability of contract arrangements with your Chinese business partners.

• Key Contents
• Pre-contract Stage: How to Check out Your Potential Business Partner?
• Contract Conclusion: Drafting a Contract with a Chinese Company
• Choice of Law
• Dispute Settlement
• Payment Terms
• Product Name, Description and Quality Requirements
• Terms of Delivery: Packaging, Labelling, Shipment, Acceptance, Inspection,
• Risk of Loss
• Warranties, Liability & Penalties
• Notifications
• Term and Termination
• Confidentiality, IP Rights Protection, Non-Competition
• Language
• Contract Validity and Effectiveness

Authors:
Maarten Roos, Managing Director, R&P Lawyers
Ludmila Hyklova, Legal Advisor, EU SME Centre

Check related content provided by the authors:
Webinar: How to Manage Contract Terms and Reduce Risk in China
Webinar: How to Prevent Common Labour Disputes in China

Language course, business-cultural guide and B2B platform constitute a package offered by a European project – Chinese for Business (C4B), which enables SMEs from Europe to embark on the Chinese market. Everything is available for free for every internet user, as a part of the Erasmus + programme.

The potential of economic cooperation between China and the European Union increases year by year. Nevertheless, entrepreneurs still struggle with three problems concerning business collaboration with the Middle Country. These are the following: language and cultural barrier and distance. The Chinese for Business project solves perennial problems in a modern way. All one has to do is register at chinese4.biz to deal with them.

The first of our three products is the Chinese language course. It consists of four subjects units – «Travel» «Preparations», «Operations» and «Work and life», of which every one contains 10 lessons. During every lesson the user learns grammar, basic dialogues and vocabulary. With the audio materials and interactive exercises, the studying process is just as efficient as at school, but more pleasant and available everywhere you are.

The cultural-business guide is China in questions and answers. Starting with the instruction how to get a transit visa through what a handshake with a Chinese businessman should look like, ending with the famous dilemma how to eat with chopsticks. Moreover, every article corresponds with a lesson at a language course.

Another product – B2B platform – enables a swift trade exchange between China and the EU. Every registered user can easily upload an offer of his company in the following languages: English, French, Portuguese, Italian, Dutch, Spanish, German and Chinese. Apart from adding offers they can also search for them.

Creating offers in Chinese will cease to be a problem for a European. The SaaS system of the project is going to be equipped with a special, pioneer tool, which automatically translates it into Chinese and shares it with potential business partners.

The goal is for the entrepreneur to possess skills needed to establish a contact with a Chinese businessman through a B2B platform after having finished the language and cultural course.
For further information please contact the Chinese for Business Manager: Malgorzata Jendryczka m.jendryczka@mescomp.pl mobile: 0048 509 540 445

“Vlamingen in de Wereld” (VIW) is an organization for compatriots who want to live and work abroad. Through her world-wide and active network, VIW is keeping in touch with thousands of expatriate Flemish people. It offers them personal services and acts as their spokesperson.

Become representative of “Vlamingen in de Wereld” in Beijing?

VIW representatives are anchors of the organization in the region. They are experienced antennas who disseminate information, networkers who bring together compatriots abroad, and transmit the requests and requirements of expats to the VIW-secretariat in Brussels.

Ideally, a representative is embedded in the local society and has links with a local Flemish/Belgian/Belgian-Dutch organization.

Have you lived already for a substantial time period in Beijing? Do you have an extensive network? Maybe you will become our next representative. Show your interest to koen.vanderschaeghe@viw.be