Vivien Chan’s China Practice Group has served MNC clients in mainland China since 1980s. The vast spectrum of China experience gained over the last 25 years has given the firm the ability to combine local intelligence with the global perspective of our MNC clients. We have an in-depth knowledge of the regulatory framework affecting foreign investment in China.
Vivien Chan & Co. has been continually nominated as the Hong Kong Law Firm, PRC Office of the year by Asian Legal Business China since 2003. Our lawyers have been recognised as leading practitioners in China practice. We are frequent speakers in international conference on China law and practice. We are one of the first foreign law firms to be granted two licenses to practice law in China, Beijing in 1993, and Shanghai in 2003. With our China Offices, we are a one stop legal service provider for Greater China.
Our Beijing and Shanghai offices provide on the ground support and direct access to regulations, notices often internally circulated within the bureaucracy, and policies being promulgated by Chinese ministries and provincial authorities. We regularly participate at consultative forums and seminars with regulatory and enforcement bodies in the promulgation process of new laws. We are therefore made aware, on a timely basis, of expected changes to enable expeditious advice to clients.
Our Senior Partner, Ms. Vivien Chan is a China-Appointed Attesting Officer. She is authorized to attest documents for use in the PRC. Ms. Chan is also an arbitrator of the China International Economic and Trade Arbitration Commission (CIETAC) and other Chinese arbitration authorities such as the Shenzhen Arbitration Commission, and acts regularly as an arbitrator in PRC-related commercial disputes.
How we can help
Customs, trade, distribution and supply chain management
Operational and structural planning of distribution and sourcing activities, optimise tax and customs positions; advise on contract manufacturing, import and export compliance, foreign exchange controls and other regulatory issues relating to supply chain issues in China and Hong Kong
Outbound trade and corporate compliance
Day-to-day compliance advice, conduct internal investigations, conduct enforcement actions relating to export controls, trade sanctions, corruption, and anti-money laundering
Customs and tax planning
Advise on all aspects of cross-border corporate tax matters in China and Hong Kong, including treaty planning, permanent establishment issues and business tax, indirect tax aspects on group compliance and regional tax planning; assist with recurring operational tax issues
Customs and tax compliance and controversy
Advise on effective long term customs and tax planning, ongoing compliance, filing and documentation obligations
Design strategies for formal customs, tax audits and defences
Investment in corporate vehicles for tax efficacy and regulatory compliance
Securing regulatory approvals
Lobbying on draft legislation
Foreign direct investment; joint ventures, wholly foreign-owned enterprises, holding companies, branches and representative offices
Representative experience
Information Technology / Telecommunications
Counsel to sale of a PRC telecommunication service provider to a listed Hong Kong company including structuring for planned listing in US
Counsel to US telecommunication entity in its acquisition of an interest in a PRC telecommunication group, regulatory approvals and compliance
Counsel to acquisition of part interest of online-gaming technology PRC entities and managing consequential operational license issues
Consumer Products
Counsel to acquisition by MNC of FIE interest in a PRC JV. Supply chain management of tax and regulatory issues
Counsel to listed Hong Kong company in acquisition of related PRC operations, respective stock exchange approvals and advice
Counsel to establishment of manufacturing operations in export proceeding zone, securing required approvals for trading vehicles and distribution chain
Power and Energy
Counsel to US MNC power connector group. Establishment of WFOE in Shenzhen
Counsel to US cable service provider in establishment of business presence, regulatory and tax issues
Food & Beverage, Hospitality
Counsel to MNC pizza chain in acquisition of local PRC franchise business
Advisor to hotel chain in proposed acquisition of local PRC budget hotel operator
White Collar Crime / Officers' and Directors' Liability
Lead counsel to a Fortune 500 company in connection with alleged tax crimes against its PRC unit and advise on managing exposure of senior officers to corresponding sanctions of fines and imprisonment. Counseled on the strategy, collated the evidence and structured the defence against liability with alternative cogent mitigation circumstances at both the first instance and appellate level, resulting in forgoing of possible charges against individual officers and withdrawal of the appeal by the prosecution
Successfully using Hong Kong judicial expediency to freeze bank accounts and prosecute senior mainland management of a conglomerate business in connection of embezzlement and frauds against their employer
Advised a luxury brand on prosecution of bribery offences against supplier, advising on procedural and legal aspects of prosecution and defence against potential claims of supplier
Distribution, Franchise and Licensing
Counsel to world wide fast food chain in its franchise operations in PRC
Tax counsel to a major furniture supplier in its distribution and agency chain in PRC key cities
IP and tax counsel to world's leading personal care company in their supply chain and licensing business in PRC
Loans and Securities
Act for finance houses in permissible security arrangements for lending into PRC, covering registration and enforceability, SAFE approval and alternative effective security arrangements. Served as counsel for US venture capital funds in the acquisition of PRC state owned portfolio of debts through joint venture arrangements
Litigation
Counsel to a pan-Asian quasi governmental institute in its recovery programme of debt portfolio in major cities in Southern China, working with local counsel to complement strategy, and client concerns on fidelity issues
Advise a substantial multi-level selling group over litigation tactics and civil procedure issues in Shanghai relating to ownership of and eviction from their manufacturing plants and re-ruling on appeal
Acted for global pharmaceutical company in infringement of its process patent of artificial sweetener. This involved our attorney giing testimony in the UK Patents Court and at US ITC proceedings in Washington, D.C. Worked closely with investigators on undercover collection of evidence, strategized on protectionist concerns, choice of litigation jurisdiction and forum selection of geography of the court(s), gave testimony at the UK Patent Courts and worked with US counsel on ITC proceedings
Intellectual Property
Advise on worldwide patent portfolio management of a vertically integrated garment making conglomerate, from their cotton growing processes to industrial designs and modus
Copyright, Trade Secret and Unfair Competition
Defend a copyright (software infringement) case which involved the largest quantum of damages ever awarded in China. The case has been returned by the Court of Appeal to the Guangdong Economic Court for re-trial leading to voluntary abandonment thereof by the plaintiff
Advise on Chinese laws regarding unfair competition, breach of trade secret and confidentiality, in a major case involving the Three Gorges Project in China
Trademark / Trade Dress
Act for a leading company in the field aerospace in maintaining protection of unregistered and unregistrable portfolio of trade marksEmployment
Counsel to numerous MNC and inbound investors in compliance with PRC Labour Law 2008
Counsel to MNC R&D centers - staff manuals for invention and trade secrets protection, employee rights and disputes
Regulatory Compliance
Secure amendment of food addictives permitted list in PRC to enable market access into PRC for a major confectionary brandCounsel to direct selling association in strategy and submissions of proposed new legislation in Hong Kong and Macau