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Coronavirus (COVID-19)

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The Coronavirus (COVID-19) is having a significant impact on every aspect of our lives in China and other countries across the world. In order to limit the spreading of the virus, to ensure stable employment relationships and help companies to overcome difficulties, China State and local governments continuously issue a series of preferential policies and public notices.

CMS, China has been closely following up the situation in China and providing timely updates to our clients since the beginning of the Coronavirus outbreak. We have put together the following insights on the legal and commercial issues affecting businesses, providing practical advice on how to respond in a time of crisis.

Publications relating to COVID-19

PRC Supreme People’s Court Announces Guiding Opinions (III) on Trial of Civil Cases Concerning COVID-19 July 1, 2020

PRC Supreme People’s Court Announces Guiding Opinions on Handling of Enforcement Cases concerning COVID-19 May 25, 2020

CMS Expert Guide to Stabilisation and Restructuring Initiative, Content for China May 21, 2020

CMS Expert Guide to Autonomous Vehicles, Content for China May 21, 2020

CMS Expert Guide to COVID-19 Corporate Crime & Regulatory Issues, Content for China May 15, 2020

CMS Expert Guide to Coronavirus Related Loan Moratoriums, Content for China May 14, 2020

CMS Expert Guide for Directors of Companies, Content for China April 30, 2020

PRC Supreme People's Court Announces Guiding Opinions on Trial of Civil Cases concerning COVID-19 April 23, 2020

CMS Expert Guide to Government Support for Employers and Workers, Content for China April 16, 2020

Chinese Governments on Central and Local Levels Issue Additional Supporting Policies on Foreign Investment to Lessen Impact of COVID-19 April 16, 2020

New requirements related to the export of certain medical devices related to COVID-19 epidemic April 9, 2020

CMS Expert Guide to COVID-19 Impact on Lease Agreements, Content for China April 7, 2020

Announcement of the State Administration for Market Regulation on Anti-Monopoly Law Enforcement Focus during the Period of Covid-19 April 8, 2020

Coronavirus (COVID-19) impact on public procurement in China April 8, 2020

CMS Expert Guide to COVID-19 Impact on Construction Industry, Content for China April, 2020

Coronavirus Outbreak: Foreigners temporarily banned from entering China March 30, 2020

CMS Expert Guide to Competition Law During Coronavirus Crisis, Content for China March, 2020

CMS Expert Guide to Force Majeure, Content for China March, 2020

CMS Expert Guide to COVID-19 Tax Relief Measures, Content for China March, 2020

Coronavirus - Key Considerations for Employers in Asia Pacific March 20, 2020

 CMS Expert Guide to Aircraft Finance and Leasing, Content for China March 3, 2020

New Preferential Policies from the Chinese Government on Foreign-Invested Enterprises to mitigate the impact of the COVID-19 Pneumonia February 13, 2020

Coronavirus Outbreak: Follow-up updated policies on companies’ HR management February 12, 2020

Coronavirus Outbreak: What can companies do in HR management during the epidemic period? February 7, 2020

Coronavirus Outbreak: Follow-up updated policies on the treatment of employees February 5, 2020

Does the Coronavirus Outbreak constitute Force Majeure? February 3, 2020

Coronavirus Outbreak: What should companies do when employees are back to work? January 31, 2020

Coronavirus Outbreak: What companies shall do with employees’ holidays? January 29, 2020

Insights shared on webinars relating to COVID-19

"HR management and preferential policies", by SwissCham on 2 April 2020; Jeanette Yu and Gilbert Shen gave speeches on the topics from a legal perspective; Please find the webinar information and the presentation here.

"Legal and Liability Issues Caused by the COVID-19 Outbreak – What to Know and What to Do", by German Chamber on 19 March 2020; Dr. Ulrike Glueck, Jeanette Yu and Michael Munzinger gave speeches on legal, contract issues, preference policies and HR issues; Please find the webinar information and the presentation here.

"Impact of Covid-19 on legal & contracts" by Rotary Club of Shanghai on 25 February 2020; Dr. Ulrike Glueck gave a speech on impact of Covid-19 on legal & contracts; Please find the webinar information and the presentation here.

"Coronavirus Outbreak - HR and Commercial Perspectives to Challenges for Business" by European Union Chamber of Commerce in China on 24 February 2020; Dr. Ulrike Glueck and Jeanette Yu gave speeches on HR and Commercial issues respectively; Please find the webinar information and the presentation here.

"Production, supply chain, logistics - experience sharing on coronavirus outbreak management in German companies" by German Chamber on 17 February 2020; Michael Munzinger gave a speech on impact on contract and operations; Please find the webinar information and the presentation here.

"Responses to the coronavirus - people, productivity and the realities of working from home" by the Economist on 11 February 2020; Dr. Ulrike Glueck and Jeanette Yu gave speeches on legal/compliance issues faced by companies in China as a result of the coronavirus; Please find the webinar information and the presentation here.

CMS team in China together with CMS global experts in over 40 countries will continue monitoring the regulations and policies and will share the updates with you timely.

Please do not hesitate to contact CMS, China via [email protected] should you have any questions.

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01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
06/05/2021
High­lights on New Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al...
On 18 March 2021, the State Coun­cil pro­mul­gated the Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al Devices (Re­vised in 2021), which will take ef­fect on 1 June 2021 (the "New Med­ic­al Device Reg­u­la­tions")...
04/02/2021
Law and reg­u­la­tion of force ma­jeure in China
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Yes. 2. If so, what is the text of the force ma­jeure clause in your civil code? Cur­rently, stip­u­la­tions on force ma­jeure are mainly provided...
22/12/2020
Law and reg­u­la­tion of Cov­id-19 loan morator­i­ums in China
1. De­scrip­tion of the le­gis­la­tion 1.1 Is there a morator­i­um on loans le­gis­la­tion im­ple­men­ted in your jur­is­dic­tion? No. A morator­i­um on loans has not been im­ple­men­ted in China through le­gis­la­tion...
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01/12/2020
PRC Su­preme People's Court Is­sues Draft of In­ter­pret­a­tions Ap­plic­able to...
On 9 Novem­ber 2020, the PRC Su­preme People's Court ("SPC") pro­mul­gated the In­ter­pret­a­tions Ap­plic­able to Se­cur­ity-re­lated Parts of the Civil Code of the People's Re­pub­lic of China (Draft for Com­ment)...
30/11/2020
CMS, China Guide on New PRC Civil Code
On 28 May 2020, the Civil Code of the People's Re­pub­lic of China (“PRC Civil Code”), which is the People’s Re­pub­lic of China’s first com­bined co­di­fic­a­tion of the civil law ever, has been ad­op­ted...
12/11/2020
Law and reg­u­la­tion of Cov­id-19 tax re­lief in China
Value Ad­ded Tax Man­u­fac­tur­ers of key epi­dem­ic con­trol sup­plies (“Key Sup­plies”) en­titled to full re­fund of in­cre­ment­al un­cred­ited in­put VATRev­en­ues from trans­port­ing Key Sup­plies ex­empt from VATRev­en­ues...
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13/10/2020
Man­aging the chal­lenges of the post COV­ID work­place
Few can deny the im­pact that the COV­ID-19 pan­dem­ic has had and is hav­ing on the way people work since the glob­al es­cal­a­tion of the COV­ID-19 pan­dem­ic in March 2020. "We have seen massive changes take place...
31/08/2020
Sta­bil­isa­tion and re­struc­tur­ing law in China
1. Which fin­an­cial (not tax or la­bour) short-term com­pens­a­tion schemes for im­me­di­ate losses due to so­cial dis­tan­cing meas­ures have been im­ple­men­ted? For which in­dus­tries/sizes of busi­ness? De­ferred...
13/08/2020
Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of Chin­a's First Civil...
The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”) which was ad­op­ted on 28 May 2020 and which will enter...
07/08/2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
13/07/2020
An­ti­trust law and le­gis­la­tion in China dur­ing Cov­id-19
1. In­tro­duc­tion Since the out­break of the Nov­el Coronavir­us (“COV­ID-19”), the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”) has pub­lished sev­er­al price-re­lated cir­cu­lars and guidelines...
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