Note
Legal notes on concepts in Taiwanese law especially as they appear in current events
25 September, 2007
Taiwanese Investment in China
On Monday (Sept. 24), the Chinese-language China Times, ran a series of articles (now behind the China Times paywall) on Taiwanese companies in China focusing on a new wave of Taiwanese investments in second and third tier cities in the north and west. While officials from Taiwan's cabinet-level Mainland Affairs Commission estimate the total amount of Taiwanese investment at US$150 billion, the China Times gives some interesting statistics on investments by companies listed on Taiwanese exchanges.
- Listed Taiwanese companies with investments in China: 2/3
- Estimated number of Taiwanese SMEs with China investments: 10,000
- China investments by listed Taiwanese companies through Q1: c. US$20 billion
- Listed firm with largest China investments: Nanya Plastics (c. US$822 million)
- Current export dependence on China: 21.58%
- Growth of export dependence on China 1995-2005: 400%
- Stated 2005 profits in China by listed Taiwanese companies: US$2.6 billion
- Stated 2006 profits in China by listed Taiwanese companies: US$1.77 billion
- Profits from Chinese investments remitted back to Taiwan through Q1 2007: US$828.5 million
- Taiwanese companies listed in Hong Kong: 50 (expected to be 60 by end of 2007)
- Taiwanese who reside in China for more than 180 days: 750,000
Another noteworthy figure is the number of Taiwanese residing in China for more than 180 days per year, which the paper puts at 750,000 including dependents. This is a significant number to be sure, but is less than the figure of one million or more frequently reported in the English-language media.
Although Taiwanese businesses operating in China face many of the same challenges as other foreign businesses do and must never be assumed to enjoy the same home court advantages that Chinese firms may have, they can be valuable partners because they speak the language, share a common cultural background, and have experience both in China and often internationally.
It is also worth noting that projects with Taiwanese businesses can be secured with the considerable assets that many have back in Taiwan and where they are subject to a mature legal system and independent courts.
Tagged: commercial , corporate
15 September, 2007
Online Sources of English Translations of Taiwanese Law
The first two databases listed are public and bilingual. Both have English pages with links to translations of many of Taiwan's statutes, regulations, and judgments. The third, Lawbank, is a commercial service but deserves special mention because it also includes a searchable collection of administrative letters of interpretation (Chinese only) and English translations of varying quality unavailable elsewhere.
Some other web pages providing translations of Taiwanese laws in specific areas are listed below. It should be noted he home pages of most Taiwan's government agencies provide English translations of selected key laws and regulations in the agency's jurisdiction. The new National Immigration Agency and the Council of Labor Affairs are important examples.
- Capital markets law
- Intellectual property law
- Competition law
- Environmental law
- Business and industrial law
- Banking law Tax law
- Insurance law
The primary and centralized source for new laws, regulations, and administrative acts and decrees is the Executive Yuan Gazette Online.While the full announcements are only available in Chinese, their abstracts are expertly translated and updated every weekday.
Paul Cox leads the Winkler Partners Translation Department.
Tagged: Paul Cox , translation
17 September, 2006
Legal Translation Services
Winkler Partners' Translation Services team provides precise, competitively priced translations of legal, financial, and technical documents, based on a thorough understanding of legal and business issues in the Taiwan/Hong Kong/China region. We give you unrivalled quality in any translation in the Chinese-English language combination (whether traditional or simplified Chinese texts).
Our professional translation staff handles large volumes of documents on tight deadlines, reflecting our extensive experience translating materials in all areas of legal practice: due diligence, litigation, and contracts (transactional agreements, share and asset acquisition agreements, sale and lease agreements, licensing agreements, insurance policies, and labor contracts), as well as tender documents, compliance documents, financial statements and reports, and IP documents such as patent claims and specifications.
Prominent international law firms, insurers, and securities houses outsource their legal translation directly to Winkler Partners, reflecting their confidence in our fast, accurate, and confidential handling of the work they give us.
For translation rates, quotations, or additional information, please contact the Translation Services Department directly at translation@winklerpartners.com, or contact Olga Yang or Paul Cox at 886-2-2311-2345 ext. 305.
Representative cases handled by Winkler Partners Translation Services include:
- English to Chinese translation of seven complex patents and related litigation documents for a judicial assistance case, on behalf of a US client in relation to a complaint filed with a US court regarding flash memory patents
- Chinese to English translation of extensive legal and financial documentation for due diligence review of multiple cable television operators that were targeted in a successful acquisition in Taiwan
- Translation of Taiwan's securities laws and regulations for the Law Source Retrieval System, a resource sponsored by Taiwan's Securities and Futures Bureau, Taiwan Stock Exchange, Taiwan Futures Exchange, GreTai Securities Market, and other capital market agencies
- Translation of Taiwan's banking laws and regulations for Taiwan's Central Bank and Banking Bureau
- Translation of Taiwan's insurance laws and regulations for the Insurance Institute of the Republic of China
- Translation of Taiwan's Copyright Act for the Ministry of the Interior
- Translation for the APEC Competition Law and Policy Database on the World Wide Web (Taipei section)
- Translation of the Fair Trade Act, Enforcement Rules, and related regulations for the Fair Trade Commission
- Translation of the Taiwan Network Information Center (TWNIC) Domain Name Dispute Resolution Policy and Enforcement Rules
- Summarization of Taiwan laws for the Global Legal Information Network of the Law Library of Congress
- Translation for the Ministry of Education of Taiwan's Education laws and regulations
- Translation for the Directorate General of Customs of the Operational Directions for the Enforcement Task Force Against the Export of Pirated Optical Disks
- Translation for the Public Construction Commission of public procurement-related regulations
- Translation for the Ministry of Justice of amendments to Taiwan's Civil Code
Tagged: Paul Cox , translation
21 August, 2006
Employment and Immigration Services
Winkler Partners advises human resources professionals on the legal and regulatory issues affecting work permits in Taiwan for international employees and the residence rights that flow from those work permits. While our services are intended primarily for corporate clients, we have tried to provide information that will help international professionals obtain work authorization on their own. In many cases, it will be more cost effective for individuals to apply for work permits and residence rights on their own, but we also offer a one hour consultation service for NT$6,000 (c. US$200) that can be used to review documentary requirements and assess the likelihood of approval.
To familiarize yourself with Taiwan employment law in general, please refer to this year's Watson Wyatt Employment Terms and Conditions Asia Pacific (Taiwan) and Chinese Professionals in Taiwan.
Our list of fees for routine employment and immigration services follows. Please note that more complex cases involving appeals to obtain permanent residence or overstays are charged on an hourly basis. For more information, please contact Tina Chen.
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Non-PRC Foreign National (including HK and Macau)
- Work Permit & ARC package(Re-Entry Permit included) Applicant USD 1,500
- Work Permit Applicant USD 1,200
- ARC (Re-Entry Permit included) Applicant USD 500
- Renewal of Work Permit & ARC (Re-Entry Permit included) Applicant USD 1,200 5
- Cancellation of Work Permit Applicant USD 500
- ARC (Re-Entry Permit included) Dependent USD 350
- Renewal of ARC (Re-Entry Permit included) Dependent USD 300
- Change of information on ARC Both USD 300
- Resident Visa Both USD 500
PRC National (excluding HK and Macau)
- Short-term Taiwan Entry Permit Applicant USD 1,500
- Long-term Spcial Taiwan Entry Permit Applicant USD 2,000
- Extension of Taiwan Entry Permit Applicant USD 500
- Re-entry Permit Applicant USD 500
- Change of address of Taiwan Entry Permit Applicant USD 500
HK and Macau National - Taiwan Entry Permit Applicant USD 500
- Extension of Taiwan Entry Permit Applicant USD 300
