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What criterion should be applied to compensate for foreigner’s personal injury

2019-06-28

This judicial interpretation on the place of the injured person's residence or habitual residence is specific to the different regions of China, and excludes the place of compensation holder's residence or habitual residence in overseas areas. ​

What conditions do foreigners need to establish legal labor relations with employers in China

2019-06-28

In accordance with the provisions of the relevant laws and regulations, foreigners, stateless persons and residents of Taiwan, the Hong Kong SAR and the Macao SAR who work in the Chinese mainland should apply for employment certificates for foreigners and employment certificates for Taiwan, Hong Kong and Macao personnel or they should hold a Foreign Experts Certificate and a Foreigner's Work Permit.

What procedures do foreigners need to follow to change jobs in China

2019-06-28

In case of an Alien Employment Permit, there are several conditions that must be met. First, the foreigner's employing unit should be consistent with the employing unit registered in their Alien Employment Permit.

Is the labor contract law applicable to foreigners?

2019-06-28

At present, Chinese laws haven't stipulated in explicit terms whether or not Chinese labor law is applicable to foreigners working in China. But article 43 of the Law on the application of foreign-related civil relations stipulates that labor contracts shall apply to the law of the place where the employee works.

Can the parties to foreign-related civil proceedings choose the jurisdiction of a foreign court by agreement

2019-06-28

In cases under the exclusive jurisdiction of the courts of the People's Republic of China, the parties may not agree to choose the jurisdiction of foreign courts.

What is the principle of court jurisdiction in cases of foreign-related marriage dispute? These cases should sue in which court?

2019-06-28

According to the article 13 to 16 of the interpretation of the Supreme People's Court on the Civil Procedure Law of the People's Republic of China, foreign-related marriage cases mainly involve two factors.

Who enjoys immunity from civil jurisdiction in civil actions?

2019-06-20

According to Item 2 of Article 14 of the Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities, a diplomatic agent shall enjoy immunity from civil jurisdiction.

How does a foreigner, a foreign enterprise or organization prove their identity in civil actions?

2019-06-20

To participate in litigation proceedings, a foreigner shall submit to the competent people's court his/her passport or other documents in proof of his/her identity.

Should the employer pay social insurance contributions for foreign employees?

2019-06-20

Foreign nationals who are employed in the Chinese territory shall enroll in the social insurance system in accordance with this law.

Should a foreign and a stateless person who resides in the territory of the People's Republic of China and was approved to acquire or restore the nationality of the People's Republic of China apply for a resident identity card?

2019-06-20

Foreigners and stateless persons who reside in the territory of the People's Republic of China and are approved to acquire or restore the nationality of the People's Republic of China, must, when applying for permanent residence registration, apply for a resident identity card.

Can a foreign defendant retain a foreign lawyer?

2019-06-20

In accordance with the provisions of law, a foreign defendant who retains a lawyer to defend, or a foreign plaintiff or a private prosecutor in a civil lawsuit who retains a lawyer for litigation purposes must retain a lawyer who is qualified as a lawyer in China.

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