Aug. 27 – A recurring theme over the past two years for expatriates wanting to be based in China is the subject of possessing a criminal record. These may of course be for relatively minor offenses; however China’s policy in this regard can be strict.

A standard requirement (although it is not always requested) for expatriates looking to work in China is for a “Certificate of No Criminal Record” to be provided when applying for a work permit. This is a particularly strict requirement in Shenzhen and Guangzhou, though less so in Beijing and Tianjin. Providing this certificate means having to go to your local police station in your home country and obtaining one. Different countries have different systems for providing such a document, and some smaller countries can even issue this from their embassy in Beijing. For most expatriates seeking employment in China, however, this needs to be obtained from their local police authority in their home country.

The same also applies to having a criminal record in China. However, criminal records are not usually recorded in China on a national basis. Therefore, it may be possible if in possession of a criminal record in China – if the authorities have not already deported you – to apply successfully for such a work permit in a different region of China. The best advice is of course to not commit criminal acts in China. You risk your job, simple as that.

A little known aspect of China’s laws also criminalizes debts of over RMB10,000. That means that if a foreign invested company has become insolvent or bankrupt, unless the debts, including all staff obligations, taxes due and so on are met by the parent company, expatriates simply walking away from the situation risk being found guilty in absentia. This is of particular pertinence to the chief representative or legally responsible person. In these positions, the title means exactly what it says – responsible for the activities of the company, including its debts.

People can be incarcerated for long periods over debts incurred by their company in China. Returning to China knowing that you have such a background then is unwise. Expatriates’ personal data is now shared on a national basis, and even if one manages to apply for a work permit in a different city, a sharp-eyed clerk somewhere may mean a knock on the door sometime later.

The lesson for all expatriates in China is to pay your debts, and keep out of trouble. You may not get a second chance.

Foreign-invested companies in China facing significant problems in which closure becomes necessary must take the appropriate actions when doing so. Leaving China with unauthorized debt places you at significant future risk should you wish to later re-enter the China market. It is far better to negotiate with creditors than face prosecution. Most of the obligations under such circumstances can be dealt with through negotiation, and require the provision for creditors meetings. Although unpleasant, these do allow for the company to state its position firmly, abide by the rules, and decrease the amount of outstanding debt. While creditors can usually be dealt with, staff and any outstanding tax matters do need to be settled. The procedure for closure also requires an audit.

We have recently provided update advice and the procedural structure on this subject, please see the China Briefing issue “Closing Representative Offices and Liquidating Businesses in China” for more information.

Chris Devonshire-Ellis is the principal of Dezan Shira & Associates. Richard Hoffmann is a senior legal associate with the firm and is responsible for issues relating to expatriate employment and human resource legal and administrative matters in China. If you have queries about obtaining work permits in China, please contact Richard at legal@dezshira.com. Businesses requiring advice on liquidation procedures and related matters may contact Sabrina Zhang, national tax partner for the firm, in strict confidence at tax@dezshira.com.

Aug. 23 (Bloomberg) -- China will crack down on foreign companies directly recruiting and hiring workers in China to do manual labor overseas, the Ministry of Commerce and the Ministry of Foreign Affairs said in a joint statement posted to the commerce ministry’s website today.

The government will also stop Chinese companies from sending labors from the nation to work overseas for foreign individuals, according to the statement. China will also strictly control the sending of Chinese labors to work in overseas nations where conditioners are worse than those domestically and where risks are high, according to the statement.

The company is offering 64 positions from asset allocation to private equity investment, with jobs posted on its website.

The $300 billion fund will seek a “more flexible” investment strategy this year as global markets didn’t show a clear trend, Executive Vice President Jesse Wang told reporters in Beijing in March. The company earlier this month sold 5.1 million shares in Morgan Stanley after the stock rallied.

CIC is likely to report a return on its global portfolio “well above 10 percent” for 2009, according to Rachel Ziemba, London-based senior analyst at Roubini Global Economics, after it accelerated investments in commodity-related companies.

CIC in June, 2009, provided vacancies for 33 categories in 13 departments. The company had about 200 employees, according to its 2008 annual report released Aug. 7 last year.

According to the notice posted, most jobs would be in Shanghai and Beijing but it did not elaborate the quantity of employees the firm is to recruit.

Ever since Google announced its exit from the Chinese mainland this march, many employees of the company have been contacted by domestic internet firms on the purpose of being hired.

The company now sees itself without a few senior officials. Former vice director of Google China R&D Center, Wang Jin, Song Zhongjie, Google China's general manager for sales, and Liu Jun, assistant dean, who was in charge of web search development in Google China Project Research institute all have left their positions.

According to Iresearch, Google's market share in the second quarter declined to 27.3 percent, while its counterpart, Baidu, boasted 70.8 percent. Some of the company's agents like Tianya, also cut off relations with Google.

While industry analysts were worried about the company's development on the mainland, Yu said that its current situation is temporary, and its market grip will be gradually regained.

Charles River's announcement of the planned purchase in April came amid a rush by foreign drug companies to expand research and development operations in China.

But Charles River shareholders objected to the deal's price and strategic value.

"Given their concerns about the proposed transaction, and our commitment not to proceed without their support, we have decided that terminating the transaction is the appropriate action to take," said Charles River's chairman, James C. Foster, in a statement.

The company, based in Wilmington, Massachusetts, said it would pay WuXi PharmaTech a $30 million break fee.

The deal would have given Charles River drug-testing facilities in the Chinese cities of Shanghai, Suzhou and Tianjin.

Investment firm Jana Partners LLC, which owns a little more than 7 percent of Charles River's stock, urged shareholders to reject the takeover.

Jana Partners objected to the price and pointed to what it called Charles River's "poor track record" of integrating acquisitions.

Last Friday afternoon, a hair to Zhaopin name of a company's e-mail circulated to all staff, announced the lifting of remaining with the CTO with Tong Luo Yihua, vice president, technical director Zhang spring all the duties, be expelled from the company, but did not give specific reasons. In addition, CFO Guo Jianmin Zhaopin announced the company for personal reasons resigned from office.

Announced four executives left off the outside world caused great concern,but more dramatic is the e-mail sent just a few hours after Zhaopin staff has received a letter from the Board of Directors authorized release message, the content is said Zhao Peng CEO, COO Lei Weiming other four other executives leave.

When the first message sent overseas, the SAN has been linked Zhaopin PR, relevant personnel to confirm the authenticity of the message. Then the said company executives and board of directors has been in a meeting, and said second message does not make a comment. But the source said a decision once the company's internal discussions, the truth will be announced the first time.

Some analysts believe that the message reflects the two main factions to CEO Zhao Peng and Tong, as well as CTO mainly use the contradiction between the factions, which may be the board of directors and investors support. This contradiction caused by a large one of the reasons is the founder of Zhaopin team have long faded, but in the case of foreign-controlled management of easy confusion.

fact this is not the first major personnel changes. Last year in August before the announcement Zhaopin CEO Liu Hao resign from his post, former COO Zhao Peng took over as the new CEO. At that time the industry’s view is that consecutive losses to investors have lost confidence.

Investment in Zhaopin was from Australia and New Zealand’s largest recruitment site SEEK and Australian investment bank Macquarie 110 million U.S. dollars of investment, while the cost of the investment and further diluted share Zhaopin, After the completion of investment now, SEEK, Macquarie and Zhaopin other shareholders structure is 4:3:3.

public information, to December 31, 2008 SEEK shares in Zhaopin close to 56.2%, meaning that SEEK has Zhaopin own initiative. According to Zhao Peng said earlier this year interviewed by the media data, Zhaopin has been achieved in the fourth quarter of profitability. (Tracy)