Cross-Border & Foreign-Related Legal Services
We advise both "going global" and "bringing in" clients on cross-border legal matters. For Ningbo enterprises investing overseas (ODI), we design compliant paths across NDRC, MOFCOM and SAFE; for foreign-related contracts, disputes and maritime matters, we plan governing law and jurisdiction up front. Our foreign-related team is led by Lawyer Chen Bo (Director of Foreign-Related Legal Affairs; Member of Ningbo Lawyers Association Foreign-Related Committee), with practice coverage spanning Malaysia, Laos, Thailand, South Korea, and Kyrgyzstan.
Service Scope
Typical Scenarios & FAQ
What compliance steps are required for outbound direct investment (ODI)?
Under the Measures for the Administration of Overseas Investment (MOFCOM) and the Measures for the Administration of Enterprise Overseas Investment (NDRC), non-sensitive ODI is generally filed while sensitive or large-scale projects are subject to approval. In practice: (1) NDRC project approval/filing; (2) MOFCOM overseas investment certificate; (3) SAFE foreign exchange registration and remittance. Key point: complete path planning at the letter-of-intent stage to avoid timeline-driven compliance gaps.
Is a contract clause choosing foreign law valid in China?
Under the Law on the Application of Laws to Foreign-Related Civil Relations, parties may agree on the governing law (subject to mandatory rules), expressly, without circumventing PRC mandatory provisions or public interest. If not chosen, the applicable law is determined by closest-connection. Governing court and applicable law clauses directly affect future dispute cost and enforceability.
Does China have jurisdiction over a foreigner who commits a crime in China?
Article 6 of the Criminal Law establishes territorial jurisdiction — a foreigner who commits a crime within PRC territory is subject to Chinese jurisdiction, while enjoying rights to translation and defense counsel. Foreigners with diplomatic immunity are handled through diplomatic channels. Article 7 extends nationality jurisdiction to Chinese citizens abroad.
Which country's law applies to a foreign-related contract dispute?
Parties may choose the applicable law; if not chosen, it is determined by the habitual residence of the party whose performance best reflects the contract's character, or closest connection — specify the governing law and dispute forum in the contract.
What is the deregistration process for a WFOE in Ningbo?
Typically: board resolution, liquidation committee, creditor notice, tax deregistration, SAFE registration cancellation, and industrial/commercial deregistration; employee resettlement and debt clearance take priority, and cross-border fund repatriation must comply with SAFE rules.