Introduction
When conducting business in China, contract compliance and completeness are crucial. This guide provides a detailed checklist to help international companies ensure their business contracts in China comply with local laws and effectively protect their interests.
Essential Clauses Checklist
Party Information
Subject Matter
Price and Payment
Legal Requirements Compliance
Chinese Contract Law Requirements
- Contracts must be in written Chinese form (for important contracts)
- Contract terms must not violate Chinese laws and regulations
- Foreign-related contracts must comply with foreign investment regulations
- Contracts in specific industries require relevant department approval
Foreign Exchange Management Requirements
- Cross-border payments must comply with foreign exchange regulations
- Large transactions require SAFE filing
- Exchange rate risk sharing clause design
Risk Mitigation Clauses
Commercial Risks
Breach of Contract Liability
Clearly specify liability for breach by each party, including calculation methods and limits for damages.
Force Majeure
Define the scope of force majeure events and notification procedures, clarifying conditions for liability exemption.
Legal Risks
Intellectual Property Protection
Clarify intellectual property ownership and usage rights, establish infringement liability clauses.
Confidentiality Obligations
Specify the scope and duration of trade secret protection, establish consequences for violations.
Dispute Resolution Mechanisms
Final Compliance Checklist
Document Preparation
Execution Preparation
Need Professional Assistance?
Our professional legal team can provide contract review and drafting services to ensure your business contracts fully comply with Chinese legal requirements.